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landlord37040
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| Joined: | Sun Jul 27th, 2008 |
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Posted: Mon Jul 28th, 2008 10:48 pm |
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| A verbal notice is really not something a landlord can accept even if he wanted to. In order to show the property or advertise it, he will need a written notice that you are leaving. Say you told him you were moving out July 31st. Think of the headache he'd have if he found a new tenant and signed a lease with them that started Aug 1st and then you decided you were not leaving and denied even telling him that you were planning to vacate. It's fine (and IMO very courteous and very much appreciated) to verbally inform the landlord that you will be leaving, but it's not official until it's in writing with a specific date that you will be out of the unit.
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LandlordLaura
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| Joined: | Mon Aug 21st, 2006 |
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Posted: Wed Jul 23rd, 2008 02:04 pm |
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Your Lease is a contract between you and your Landlord. It is important to read a Lease thoroughly before signing it and then keep a copy available to refer to when needed.
You said that your Lease Agreement requires a 60 day move-out notificaiton prior to the expiration date or the Lease automatically renvews as a month-to-month term. You agreed to provide a 60 day move-out notification when you signed the Lease Agreement. Why didn't you supply the required 60 day notification?
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Austin25
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| Joined: | Tue Jul 22nd, 2008 |
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Posted: Tue Jul 22nd, 2008 11:33 pm |
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I am in a similar situation. I am really hoping that I don't have to pay the extra $400. Please help me! Here is the situation -
I gave a written notice that I will be moving at the end of my lease (1 year lease is up Aug 31). I gave a 43 day notice - a 60 day notice is required. I was given a notice today that I owe $400 because I did not give a 60 day notice. It does say in the lease that a 60 is required or a month to month will automatically start. I'm assuming from your previous post that I am screwed.....
Is there a law in South Carolina regarding a 60 day notice? Every website I have been to says you have to give a 30 day...isn't 60 a bit much? Is there anything against that?
Thanks for your help.
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LandlordLaura
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Posted: Tue Jul 15th, 2008 12:17 am |
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In what State/County/City is the rental property located? Have you read through the Landlord Tenant Laws that apply?
You said that the Lease is a 6 month Lease, did the Lease contain language that allows it to automatically renew after the expiration date and/or automatically renew as a month-to-month Lease term after the initial expiration date? What, exactly, does the Lease say? This will be important to your situation.
It sounds like you only provided a verbal move-out notificaiton in the past. Unfortunately, verbal conversations are difficult to prove. In the future, always give written move-out notification to the Landlord (sent by CMRRR, for example, so that you have a record that the Landlord received it) as instructed in the Lease Agreement and/or Landlord Tenant Laws and keep a copy for your records.
While you are doing research, the best thing you can do is keep the property clean and in "showable" condition so that the Landlord can "mitigate" damages by showing the property to prospective replacement Tenants. See how the Landlord Tenant Laws address this issue, too.
Let us know what you find out...
Last edited on Tue Jul 15th, 2008 12:18 am by LandlordLaura
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AD1985
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Posted: Mon Jul 14th, 2008 04:29 pm |
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Hi,
I was on the last month of my 6 month lease and planning to move out. I called on earlier last month about this and again this month. The landlord says that because I did not send a written notice that I will be moving out within 30 days, they can charge me for the next 30 days including a partial rent for next month.
I checked over the rental agreement and it does say that each party must give the other one 30 days written notice to vacate. Do I have any other recourse for not paying for extra days rent for next month? I won't even be there and hope there is something I can do to avoid paying for those days.
Thanks
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