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#1 of 11 Old 02-17-2014, 07:01 PM - Thread Starter
 
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I called my landlord today and gave her my 30 day notice. I will be moving out mid-march. She said I would have to pay rent for the full month of March. I don't feel like this is legal. From everything I have read, all I have to do is give proper notice, it doesn't say anything about 30 days *from the first of the month*. What do you think?


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#2 of 11 Old 02-17-2014, 07:06 PM
 
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What does your rental agreement say?
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#3 of 11 Old 02-17-2014, 07:44 PM - Thread Starter
 
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I just had to dig through one of our boxes to find our lease. It says, "A 30 day written vacancy notice with a full calendar's month rent is required by Lessee."


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#4 of 11 Old 02-17-2014, 09:11 PM
 
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Okay, first thing - get your landlord written notice. Telling her on the phone that you're moving out will not mean a damn thing. Hand it to her in person and ask her to sign and date, or send it certified mail.

Then look into landlord tenant law in your state. The full month rent may be legal, or may be expressly prohibited - the state law would tell you whether that lease provision would hold up. If I had to bet, I'd say it likely will.
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#5 of 11 Old 02-18-2014, 06:48 AM - Thread Starter
 
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Ok, thanks so much!


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#6 of 11 Old 02-18-2014, 08:06 AM
 
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Back when I rented we always had to pay the full month's rent even with 30 day notice.  Very few places would allow middle of the month because it would be very hard for them to rent it for the rest of the month.  I'm not sure about legality, but that's just common practice here.  Of course I'm in Canada so things might be different in your place.  It sounds like you did sign that form, so you might have to follow their rules.  The only way I can see to save your money is if you help them find the next renter who's willing to move in on the 15th.

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#7 of 11 Old 02-19-2014, 08:03 AM
 
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Yes to the written notice that has to either be hand delivered to be considered delivered or you can tape it to the door and where I live after three days it's considered delivered.

Also moving out the 15th of the month would require you to pay the whole months rent. As a landlord if my tenants moved out in the middle of the month it would be hard for me to find someone to move in in the middle of the month. Unless your contract specifically states the 15th of the month as a beginning end then it usually defaults to the first of any month as the beginning. Therefore 30 days is the end of the month. However you will need to make sure written notice is in her hands on or before the 1st. If you were to attempt to deliver written notice on the 28th and she wasn't home and you tape it to the door then at least where I live it's not considered delivered until March 2 which would technically mean you are on the hook for April as well. But every place is different so I would call your local tenancy board.

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#8 of 11 Old 03-13-2014, 08:16 PM
 
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It doesn't matter what the rental agreement says. The landlord must follow state law. Most states say 30 days written notice. Your phone call didn't mean anything, but if you gave her written notice on February 17, and she said you had to pay through the end of March, she was essentially saying she was requiring 41 days notice, which does not comply with most states' laws.

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#9 of 11 Old 03-13-2014, 11:05 PM
 
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Depending on the rental agreement it can trump basic law. Usually rental agreements are drafted off of the laws.

I am in Canada and our rental act states 30 days but unless stated otherwise 30 is considered from the 1st of the month (which means it has to be delivered by the first, which is why you should deliver written notice at least a few days before hand)

I know the states and each one individually works differently but I doubt it would be far off 30 days notice starting on the first unless otherwise stated and in written notice not verbal.

As a landlord myself I stand up for tenants rights as well as landlords rights.

If she had any questions she could always call her state tenancy board to discuss them smile.gif

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#10 of 11 Old 03-13-2014, 11:16 PM
 
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Hmm, this is interesting. I've never paid a full month when moving out in the middle of the month, always paid prorated rent for only the days it was occupied. That was in California and Oregon. It isn't like the landlord would be renting out the apartment immediately, they will probably have some light fixing up to do. I don't know, I would definitely check and see. Look for a fair housing or landlord/tenant rights office in your area and call them and ask. I've found that they're very helpful.


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#11 of 11 Old 03-26-2014, 11:36 AM
 
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I think in my state the landlord may collect more than 1 months rent from a tenant who is leaving but there is an exception that if the landlord rerents the unit the person who left should get their money back.

I wound up paying 2 months additional once :(

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