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Location: The Chatterdome in La La Land, CaliFUNia
39,031 posts, read 23,016,954 times
Reputation: 36027
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My apartment manager requires a 30-day notice when I plan to move. I found a place where I want to rent but the apartment won't be ready for me to view until November 18th (current tenants move out on November 7th). My lease expires December 1st so I'd have to do the 30-day notice on November 1st. I asked my apartment manager what happens if for some reason, I am unable to move into the new place (ex: not happy with the unit or unit not ready) and she stated that I had to vacate after the 30 days. The new place where I'm relocating to allows tenants to cancel their 30 day notice so it is possible that the current tenants could cancel their 30 day notice and I won't have anywhere to go. Because of this dilemma, I'd have to wait until November 18th (or whenever I can view the unit) THEN give my 30 day but I'll have to pay pro-rated rent in December, which could be around 500 ... That is a lot of money
I'd have to wait until November 18th (or whenever I can view the unit) THEN give my 30 day but I'll have to pay pro-rated rent in December, which could be around 500 ... That is a lot of money
I would do the $500 and give notice on Nov 18. Are you sure the new apartment will allow you in to view the unit on November 18th or will they require time to cleanup before showing it to you?
Paying $500 prorated for part of December sure beats having no place to go if the first place falls through. The fact that your current landlord allows proprated rent for December is excellent. Many places would require you pay rent for all of December.
Location: The Chatterdome in La La Land, CaliFUNia
39,031 posts, read 23,016,954 times
Reputation: 36027
Quote:
Originally Posted by sware2cod
I would do the $500 and give notice on Nov 18. Are you sure the new apartment will allow you in to view the unit on November 18th or will they require time to cleanup before showing it to you?
Paying $500 prorated for part of December sure beats having no place to go if the first place falls through. The fact that your current landlord allows proprated rent for December is excellent. Many places would require you pay rent for all of December.
I guess I better verify that they would only allow me to pay pro-rated ... Would hate to pay the entire month The tenants are moving out November 7th and Nov 18th is the day that the manager says it'll be ready to view.
Yep, it will be your problem and responsibility to move into temporary quarters if you have to and put your stuff in storage if you cannot move out and into the new place. If your new landlord has a tenant ready to move into your place, you could owe him damages if you do not move out when promised.
If your new landlord signs a lease with you promising you can move in Dec. 1st and they cannot deliver, then you would be justified to sue them in small claims court for your damages.
Since your current landlord is being such a peach, I think you better wait to give your notice until you have a signed contract with the new place.
Just to keep in mind, once you move out, you can't be evicted. So, let's say you give your notice on Nov 18th (after you get a signed contract on the new place). You go ahead and clean the place like crazy, take photos and move out before December 1st.
You will owe rent until Dec 18th, but now the landlord will take it out of your security deposit.
Yes, you're still out the money, but not up front.
If, however, your current landlord is able to rent your current place before Dec 18th, they can't charge you rent for that time frame. Say you move out November 20th, and they rent the place Dec 1st. You are now off the hook for the rent to Dec. 18th.
If they move out and then just don't pay any rent for December, the landlord can come after them for unpaid rent. Yes, they can take it out of the deposit, but its not going to get them a good reference in the future if they need one.
Location: The Chatterdome in La La Land, CaliFUNia
39,031 posts, read 23,016,954 times
Reputation: 36027
Quote:
Originally Posted by LongtimeBravesFan
If they move out and then just don't pay any rent for December, the landlord can come after them for unpaid rent. Yes, they can take it out of the deposit, but its not going to get them a good reference in the future if they need one.
Yeah ... I prefer not to burn any bridges as I have no idea how long I plan to stay at the new complex.
Since your current landlord is being such a peach, I think you better wait to give your notice until you have a signed contract with the new place.
Just to keep in mind, once you move out, you can't be evicted. So, let's say you give your notice on Nov 18th (after you get a signed contract on the new place). You go ahead and clean the place like crazy, take photos and move out before December 1st.
You will owe rent until Dec 18th, but now the landlord will take it out of your security deposit.
Yes, you're still out the money, but not up front.
If, however, your current landlord is able to rent your current place before Dec 18th, they can't charge you rent for that time frame. Say you move out November 20th, and they rent the place Dec 1st. You are now off the hook for the rent to Dec. 18th.
Would you have issues renting to a person that did this to their last landlord and now wanted to rent from you?
Landlord being a 'peach' and the legal 30 day notice have nothing to do with other. If the law says 30days, you give 30 days. And while they can't be evicted, they most certainly can be sued by the landlord and possibly end up with a judgment on their record.
Would you rent to someone who was sued by their last landlord and had a current and open judgment?
OP, it would be very risky to give notice because you hope you are going to be given a new place.
Something could go wrong. The current tenants might change their minds and not move. The landlord might discover that there are more extensive repairs needed that are going to take a lot more time to get the unit ready for you to move in.
Do you even have a signed lease for the new place? The landlord could change his mind and give it to someone else. Point being, you don't actually have a place to move to at this time.
You are in California and California is a literal 30 day state. Notice starts when given and the 30 days are up 30 days from then. Some states, the 30 day notice must include a full rental period. That is not the case in California.
Look on the bright side. With a 2 week overlap, you will have a leisurely move and will have time to deep scrub the unit you are leaving, to get your deposit back.
Separate issue on extensions for the 30 day notice: A 30 day notice must have a firm move-out date. It is not a notice that the tenant will move out some time later in the fall and intends to give the landlord a week to week update on when that date will be.
If one of my tenants is moving out, I have things that must be scheduled and they are scheduled around the date I have been given. So, in my rentals, once you give your 30 day notice, you must move out.
I've seen several tenants who don't know when they will be moving and they start giving their 30 day notice and then keep putting the date off, and think that thereby, they can get out of paying their last 30 days rent.
They think they can call and say "Hey, I'm out tomorrow and don't expect me to pay for the notice period because I gave you my 30 day notice 5 months ago, but didn't move out then". Sorry, tenant, doesn't work that way.
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