I was told I was in a month to month lease after I completed my year lease with my current rental company. Having said that, I assumed that I had to give a 30 day notice turns out its a 60 day. I Closed on a new home and completely moved out mid October. With the 60 day notice I still have to pay for the month of
I was told I was in a month to month lease after I completed my year lease with my current rental company. Having said that, I assumed that I had to give a 30 day notice turns out its a 60 day. I Closed on a new home and completely moved out mid October. With the 60 day notice I still have to pay for the month of Nov. Now im paying on my mortgage and rent on a apartment im not living in. I am considering just not paying for the month of Nov and eating my deposit. I really cant afford to pay for that much in one month. What is the likely hood of legal action if I did do this? Also any suggestions on what I could do in this situation or am I just out of luck? Thanks.
By you being on a month to month tenancy would not change much in your lease agreement. If you lease agreement indicate you are required to provide your landlord with a 60 day notice then the 30 day you provided would not be acceptable.
In most all instances, you would be legally obligated to pay the last month rent. Your landlord has a few options if you fail to pay your last month rent
#1. Sue you in small claims court for the rent you owe
#2. Write the loss off on his income tax
#3.Take no action at all
#4. Use your deposit to cover the rent and any damage to the rental unit.
Your landlord would decide which option to use that would be beneficial to him and cause the least time, effort and money.
It might be that you and the landlord might come to an agreement as to a reduced amount you would need to pay or you might work out a payment plan.
You would need to speak with your former landlord, to find out if there is any possibility of agreeing to one of the other.
I hope this has been of some benefit to you, good luck.
Here is where there is a difference. If you has a written lease that expired and went to a month to month lease. All the terms and conditions of the original lease remain in effect. So I'm guessing the original written lease stated 60 day notice.
The owner does not have to take the deposit and apply it to the rent. The deposit is there for damages you caused to the property while you lived there.
If I was the landlord, there is no way in heck I'd agree to that. As I can sue you for anywhere from 3 times to 5 times the rent amount you didn't pay plus attorney fees depending on the state.
You just need to accept you will be paying rent for November. Unless you can find someone to move in on Nov 1 that the landlord will accept as a new tenant. But hey that's only 4 days.
Check your previous contract if that states 60 days you are legally obligated to 60 days notice and to pay for that…….. the landlord will sue you and you have lots to lose, so don't mess around right now…….. you are purchasing a home which means the landlord can put a charge on your property and you really do not need that
A residential lease agreement cannot contradict/ supersede/ override state statute/law/case law even if you signed and agreed to the provision
So while your fixed term lease agreement may have contain a 60 day notice to end, once your fixed term ended and you went to month to month, Yes all of the same terms and conditions may apply , the 60 day notice would not apply becasue it would contradict state law which more likely then not says all a party to a month to month lease needs to end the lease is a month notice
So once you went month to month under your state law to end the MTM is a full month rental notice the LL can not override state law and require a 60 day notice
60 day notice on a month to month lease doesn't seem logical, I wonder if that would even hold up in court. If the landlord thinks they have a case he certainly could depending on how much the deposit is for. It depends on your landlord. Some landlords have attorneys on speed dial others only get involved in extreme cases.
No. It is almost 100 percent guaranteed that he will sue you and then you will owe a lot more than just a month's rent.
pay the rent – otherwise you are gonna get sued
(try offering to pay in installments (say over 3 months) instead of a lump sum
not paying at all you are gonna lose if you get sued
then you are gonna have to pay the rent AND the legal costs
"luck" has nothing to do with it
you assumed something when you should have checked
When it comes to money you check – you NEVER assume
if the requirement is 60 days and you only gave a 30 days notice, the landlord may require you to pay the other 30 days as a penalty for not providing the required notice
Anonymous is right, they may just keep your security deposit, but you should really ask them if it is okay to pay the last month's rent with the security deposit. You will be responsible if they want to charge you for damages and it's better to pay for it instead of getting sued for it. If you get sued, they will sue you for their legal fees (their court fees, attorney fees, and time off from their job) so it would equal to much more than the cost of fixing the damages.