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FAQ

My landlord is telling me I have a week to leave because his son needs the apartment. Doesn't he need to give me more notice. How can I find a new place to live in 1 week?
Typical notice is 30 days. It could be as low as 10 days in special cases such as non payment of rent. Here are the laws in each state via State Rules on Notice Required to Change or Terminate a Month-to-Month TenancyHere in Pennsylvania the law is:http://rturn.net/laws/evictions/...In order to evict your landlord is required to give you a proper notice. This notice must be in writing, and it must state the date that you should be out. If you are in the middle of a lease term and you have not violated the lease by falling behind in your rent for example, the landlord cannot evict you before the end of the lease term.Most written leases have a clause in them that states how much time in advance either the landlord or the tenant must give if they are not renewing the lease.If your lease does not state otherwise, the notice must give you only 15 days for a month to month or year to year lease.However, if your landlord is trying to evict you for non-payment of rent, he or she must only give you 10 days notice. This is true whether your lease is verbal or in writing.But, remember, although your landlord gives you a notice to get out, he or she can evict you ONLY after taking you to court!
Can I leave my apartment before the lease?
If your lease states “the agreement maybe terminated by giving a written notice of one month.” then give the written notice of one month.You don’t say if it’s just you that wants to leave or all three of you. If it’s just you, then you are most likely ‘jointly and severally’ liable for performance of the lease, which means all three of you have to obey the lease both individually and as a group. If the other two want to stay and you leave, please ask your landlord how they wish to handle it. If the two want to stay by themselves, usually the landlord will ask them to the same amount of your deposit plus check for any damage done.I’m assuming you are not in WA state as under the Residential Tenant Landlord Act there are two types of leases, fixed term and periodic (aka month to month). The fixed lease term lease expires at the end of its term and then usually you are offered another fixed term lease, a month to month lease or you are not renewed. With month to month leases they can be terminated by 20 days written notice before the end of the month by either party except in the City of Seattle and now Vancouver. Seattle has a Just Cause Ordinance that allows the tenant to terminate with the required 20 days notice but owners can only terminate for one of 18 reasons.Given it’s clear you have the right to terminate the lease, I believe the more important part of question is how to get your security deposit back. Here are some suggestions that will help you:Perform on your lease. Get your lease out and read what you need to do. If you don’t have a copy of your lease, ask for a copy. Your deposit isn’t just to insure against non-payment of rent and damage to your home but also, for example, return of the keys etc etc.Return your home to the same condition as you received it other than normal wear and tear. In WA what normal wear and tear is not written in statute by is based on case law. The Rental Housing Association of WA has a handy guide of examples of wear and tear vs damage.Keep your home clean now. Your landlord wants to re-rent the home. If you keep it clean, it’s easier to show it.Communicate with your landlord. A great question is “How can I help you re-rent the home?” another is “How can I get a great reference?”Make sure you give your new address to them. I’m amazed at the tenants who don’t give a forwarding address. We give them a form to fill in. If they don’t give a forwarding address by law we have to post the security deposit and statement to their old address. If they haven’t set up mail forwarding it just comes back to us.Hope that helps!
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.
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.
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.
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.
Do I give my landlord a 60 day written notice and 1 month's rent in order to terminate my lease early?
Yes, that's the way I read the lease provisions you are showing. You would need to send the landlord written notice that you are electing to terminate the lease at least 60 days in advance of that date. You would then owe the remainder of the rent (prorated) plus the termination fee.Always consult an attorney if you are unsure of how to interpret or proceed under a lease.
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
If I’m paying rent should my parents be able to tell me when I can and can’t work?
Your parents will never be out of your life. Well unless you pack up change your name and never make contact again. So if you think they have the "right" to tell you what to do is meaningless. As parents they have opinions on what is best for you and they will voice them whenever they feel necessary. Some parents are quieter than others, but even when they are old and living at your house they will comment on how often you work, how much time you spend with them, your relationships with other people etc etc. From the moment you entered this world (probably even earlier) you became priority #1 like it or not. Get the idea into your head. If you don't want to hear them quite so often move out and pay rent to someone else.