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sark17
Feb 16, 2007, 10:51 AM
I am on a month to month lease. I'm buying a home so I gave the landlords 30 day notice on the 15th of the month. I actually gave them a heads up 15 days earlier that I was leaving within 45 days. They claim that since I am on a month to month lease that I have to give notice on the 1st of the month and that now I have to pay rent through the 1st of April which is 45 days away. It states on the lease that I only have to give 28 days notice and does not state anywhere on the lease that I have to give it at the beginning of the month. (My lease started on 5/26/06 and I have paid rent every month on time.) I even offered to pay a prorated, day by day fee if escrow did not close on time and the apartment was still vacant after the 30 days was up.

Am I required to give notice on the first of the month and pay rent until the 1st of April, 45 days from now?

Thanks for your help...

Steven

Fr_Chuck
Feb 16, 2007, 11:38 AM
Depends on the terms of your written lease

Normally 30 days is merely 30 days

But honestly if you are timing escrow I would give the full month so the landlord being mad does not force you to move if the closing is not completed.