How much notice am I required to give my landlord that I am moving out of the room I am renting on month to month lease?
It it’s month-to-month, at least 30 days, same as he must give you.You can tell him on Oct. 1st that you plan to be out by Oct. 31st, for instance.Many leases have an auto-renew clause. Most month-to-month leases especially do.If yours has one, it will automatically renew until you or your landlord gives at least 30 days notice, or one of you dies.
Is it necesary for all signers of a month to month lease to sign the notice to terminate tenancy for the notice to be valid in Tennessee?
Most likely, yes.In most states, at least 30 days written notice is required to terminate a “month to month” lease. If there are multiple co-tenants named on the lease, all of them must sign in order for the termination notice to be valid.
If a resident is month to month and the gives a 30 day notice instead of 60 day, can you charge rent through the notice and a cost of reletting? Original lease was filled and now month-to-month.
If a resident is month to month and the gives a 30 day notice instead of 60 day, can you charge rent through the notice and a cost of reletting? Original lease was filled and now month-to-month.To restate your question: Your tenant’s lease has expired and they heldover, becoming a month-to-month tenant. They gave 30-day notice instead of 60 days.Not knowing the details of your situation, let’s assume that your lease allows the landlord to charge the tenant for the cost of re-letting only if the tenant breaches the contract and leaves the property prior to the natural expiration of the tenancy. In that case:If the tenant gave proper notice, you would charge rent through the end of the notice period and cannot charge for your costs of re-letting. They have fulfilled their obligation and the cost of re-letting is an expense of doing business that the landlord absorbs.If the tenant did not give proper notice (the lease or local regulations require a longer notice) and thus the tenant is trying to end their obligation to pay earlier than allowed, the landlord would charge rent through the end of the required notice period. By collecting 60 days of rent, the landlord receives the full amount of and cannot also charge for the cost of re-letting — that would be double-dipping.If the tenant terminated their tenancy early and did not pay for the remaining term, then the tenant has breached the agreement and the landlord would be entitled to collect the cost of re-renting the property. For example, tenant agreed to one-year lease and stopped paying and moved out after 7 months. Bonus information: In this case, typically the law requires the landlord mitigate their damages by making a diligent effort to re-rent the property as soon as possible, and, if the new rent is lower than the previous rent, the landlord may be entitled to charge the previous tenant for that difference.Check with your local tenant-landlord agency.
My landlord said if I go month-to-month on my lease I still need to give 60 days notice if I want to terminate the lease. Is this legal in Maryland?
I am assuming here that there is no lease document for month to month or that your orginal one year lease does not have the clause (and you should check, because it probably does) that after the intial term, the term reverts to month to month and all other aspects of th lease remains the same...... if that is the case, read your lease that will prevail.You have to give one terms notice and inform them before that term starts. So rent is due on the 1st of March if you tell him (in writing) on Feb 28, you can leave on March 31st. If you tell him on March 2ed you have to wait for the next full term to elapse, so that means April 30th.More importantly if he THINKS you need to give him 60 days. You either need to clear this up before you move out or give him 60 days or your deposit will be tied up with him for months while you go through the small clams process. A quick conversation here. Can save alot of trouble.
In Florida, if you turn in a month notice and your employer declined and doesn’t let you work out your notice, does your employer still have to pay you out your notice?
No. Florida is a will to work state. Basically, the employee or the employer can terminate employment without cause. That's very loosely defined. You resigned, they accepted, only on their terms, not yours.It sounds to me like you made a good decision leaving. You gave them more than ample notice and they either were prepared for you to leave, wanted you to leave or had no value in you as an asset to their company.Move forward knowing you probably just made a very good decision! I wish you success in your future endeavors.
Does a 20-day/30-day termination of a month-to-month lease count as an eviction?
No. If I understand the question correctly, your landlord simply ended a month to month tenancy with the proper notice. This is par for the course. It could have been for any number of reasons (no cause as you mention). And it is not the same as an eviction, though you may have felt you were removed, it was by a simple option of the landlord to not continue and not a court action for eviction. You can safely say you were not evicted.
California Rental Law: How much notice is my landlord required to give on a month to month contract on a place we've leased for over a year?
If all of the occupants have lived in the home for at least one year then California does require 60 days written notice to terminate a month to month lease. I don't think verbal notice will cut it according to the state handbook.However, only 30 days is required if he has a contract to sell and is in escrow. There are a few more requirements on his part to qualify for this exception. Is the place currently on the market?You could wait for the six weeks to run out and then request 60 days written notice but you're just inviting problems with the landlord.My advice would be to offer to pay extra to keep the rental until you need it. A couple hundred extra a month for 6 months might be all the incentive he needs but keep in mind he's probably trying to sell before winter so he might not go for it at any price.If he agrees, get it in writing. Don't rely on his word.If he refuses, look for an alternate solution. There are usually corporate housing options in most urban and suburban areas.Good Luck!Domenick | AccidentalRental
What notice is required to end a month-to-month lease in Oregon? Does notice have to be given on the 1st?
While you are best-served by contacting an attorney for specific advice on your circumstances. The Oregon State Bar has an excellent referral service: Programs to Help you Find the Right LawyerAlso consider contacting OCAT to speak with their free legal aid assistance: Community Alliance of Tenants - OregonWhat follows is my personal general understanding, as someone who’s been a rental tenant, and property landlord. The following is absolutely not legal advice.Some parts of Oregon require a landlord gives up to 90 days advanced notice on a month-to-month agreement, most notably, Portland (Residential Eviction Notices ). There’s also “tenant assistance” that a landlord is possibly required to pay, depending upon the specific circumstances of their notice.As a tenant, month-to-month, in all but very specific and rare circumstances, you remain responsible for rent for up to 30 days from the date you give notice. There’s no requirement to give notice on any particular day. Written notice is generally accepted as the standard means of providing notice, however your contract may modify that criteria, within particular constraints.If your goal is a shorter timeline, and if you’re a victim of domestic abuse, if you believe there’s a habitability issue, or if you have cause for an action against your landlord, there may be ways to shorten your minimum 30 day notice period, you should talk to an attorney for specific advice.
How likely is it that a landlord will sue you if you break a lease in NYC (with 2 months advance notice), and refuse to pay rent once you move out?
The first thing you should do is try and work out an agreement with your landlord. This really means one of 2 options :They let you out of the lease. Ideally for no charge, but possibly maybe for another month of rent. If you're a good tenant (pays bills on time, doesn't throw parties that the cops show up) and on friendly terms with your landlord this may be possible!Reassign the lease. This means you find someone else to take over your lease. Depending on the remaining duration of the lease, your landlord may be motivated to settle with you and work out an arrangement. Your landlord can very easily sue you in court to try and recoup the fees. Breaking a Lease Is Hard to DoHowever this is not in your landlord's best interests for several reason.While the lawsuit is in progress, they are unable to rent out your apartment. True you owe them the money for every month remaining on the contract. However if you show up in court and it's proven that they went ahead and rented out your apartment while your lease was still active, then the Judge will just go ahead and dismiss the suit. The lease specifies that you have to pay the rent for the entire duration, but unfortunately the landlord must also allow you to live in it. Renting out your apartment after you have technically violated your lease but are still entitled to it as per your lease would pretty much mean they have also violated the lease. A lease goes both ways! So if you had 9 months left on the lease and you stall like all hell before showing up to court, they may very well have a situation where the apartment isn't collecting rent for a couple of months. This is obviously less than ideal for any landlord. While a judge is likely to rule in their favor unless you can show some extenuating circumstances (i.e. the apartment never has heat, or the ceiling leaked and they never bothered to fix it etc.) as to why you had to leave, just because the ruling is in their favor it doesn't mean they will ever receive a dime from the defendant/former tenant. If judge rulings could force people to pony up then deadbeat dads who don't pay child support wouldn't be such a huge issue in the United States. Any landlord who has dealt with this situation more than once probably understands that the chances of them seeing the rest of that rent is slim. It takes time and effort and most likely money to sue someone.