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My wife and I have rented an apartment for two years and over the weekend we made an offer on a townhome in a different community. Our closing date for our new property is Monday November 2nd.
Our lease expired on our rental a few months back and we did not sign a new lease with our landlord. The way I understand it is that by paying rent every month we have been going on a month to month lease. As soon as we founf out that we officially got the townhome I called up my landlord to let her know that we were moving out at the end of October and that our closing date was November 2nd.
She said that she would try to rent our apartment for the month of November but if she is un able to we would have to pay the full months rent for November. Is this within her rights?
My wife and I have rented an apartment for two years and over the weekend we made an offer on a townhome in a different community. Our closing date for our new property is Monday November 2nd.
Our lease expired on our rental a few months back and we did not sign a new lease with our landlord. The way I understand it is that by paying rent every month we have been going on a month to month lease. As soon as we founf out that we officially got the townhome I called up my landlord to let her know that we were moving out at the end of October and that our closing date was November 2nd.
She said that she would try to rent our apartment for the month of November but if she is un able to we would have to pay the full months rent for November. Is this within her rights?
Thanks!
Brian
Your required to give 30 days notice unless it otherwise specifies in your lease. So assuming you don't have any other language in your lease you will have to pay for the rest of october and the couple of days in november depending on when you gave notice.
Did you gave notice in writing as well? It might be a requirement..and for sure better to have it sent by certified mail so you have proof!
I had tenants gave notice over the phone and to me it was okay but if you have a LL who isn't as nice and some issues might come up, the Ll can argue you didn't gave notice on time...There are good and bad tenants and LL.
Whenever I mail an important notice via certified mail, I also have the contents notarized and the enveloped sealed and mailed by the notary public.
I learned to do this when serving eviction notices to deadbeat tenants. That way they can't claim that the certified letter they just signed for contained a "How are things going" type of letter and not an eviction notice as a stalling tactic.
It depends on what your lease says and what state law is.
If either the lease or state law says leases autorenew for the lasme initial lease term if not addressed, then you are back in a 6 month, or year lease, or whatever, and you are breaking the lease. If the lease or state law says you go month to month if not addressed (that is what Idaho does), then you are correct and just need to give proper notice.
As for what is proper notice, again, it depends on your lease. It is more difficult to rent a unit mid month, so our lease says we don't end leases in the middle of the month. For us, if you give notice after the first, you owe for the entire next month, unless we can get it rerented sooner.
If it just says 30 days notice, or if it doesn't say and your state law says 30 days notice, then you owe for 30 days from the date that you can prove you gave notice. If you sent certified mail or got a receipt for your notice, or sent it by email and got a response email, that is the date. If you just gave it verbally, you have no proof. It is in your best interest to get acknowledgement in writing ASAP.
Either way, she can't charge you rent from the time she gets a new tenant in there, so if it turns out that you do owe for November, and she gets a new tenant in November 15th, then she owes you 1/2 month rent back.
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