Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   Notice required on a month to month lease? (https://www.askmehelpdesk.com/showthread.php?t=31646)

  • Aug 14, 2006, 03:25 PM
    oithefly
    Notice required on a month to month lease?
    I signed a 1 year lease that ended on July 31, 2006 in Minnesota. The lease states that if resident stays in the apt after the lease ends, with managements approval, it becomes a month to month lease. I stayed. The notice period stated in the lease is 60 days, effective the last day of the month. Am I required to give a 60 day notice when I am only renting for 30 days at a time? If that is the case, shouldn't it be called a 2 month lease?
  • Aug 14, 2006, 03:33 PM
    RickJ
    Maybe. Check your state's laws:
    https://www.askmehelpdesk.com/real-e...ion-25845.html

    What state are you in, I'll help look into it.

    I have a bad feeling about this.
    1. The landlord is obviously winging it with the lease. The "with management's approval" thing is almost certainly not an enforceable statement of the lease.
    2. If it turns out that you should only have to give a 30 day notice, then it will be up to you to sue him... or battle over the deposit... or deal with him reporting a debt on your credit bureau.

    ... so let's see how clear the law is in your state and go from there.

    That's my angle on it... but hang tight - there are a few others knowledgeable in this area hanging out here...
  • Aug 14, 2006, 07:29 PM
    LisaB4657
    If your written lease required 60 days notice then you are still required to give 60 days notice, effective the last day of the month. That's because when a tenant continues month-to-month after a written lease has ended, the tenancy continues at the same terms and conditions as the original lease. For example, if the original lease said "no pets" then you can't get a pet when you become month-to-month.
  • Aug 14, 2006, 08:12 PM
    dmatos
    Heh, except that in Ontario, at least, the "no pets" clauses are void. A landlord cannot stipulate a pet-free rental, except under some very specific circumstances. But yes, I do agree - if the original lease said 60 days notice, that same 60 days notice is required once you're staying month-to-month.
  • Aug 14, 2006, 08:18 PM
    CaptainForest
    Very true dmatos.

    But while Harris took that out here in Ontario, some other provinces and US states do not have such a provision.

    And I too agree about having to give 60 days notice if that is what the contract stipulates.
  • Aug 15, 2006, 06:32 AM
    Cvillecpm
    Yes - you are renting by what is known as a "periodic" tenancy and paying every 30 days/month; however, your "agreed to" notice period is 60 days so that is what you need to provide.

    Most L-T laws provide for 30 days written notice even if the tenancy is under an oral agreement (except Hawaii which has different notice periods for the landlord and the tenant).

    The "judge" is going to ask if you signed the original lease and when you say "yes" SHE will say you agreed to provide 60 days notice.
  • Aug 15, 2006, 07:03 AM
    ScottGem
    One more point on this. Unless the written terms of a lease are against prevailing laws then the provisions stand. So unless the law for your area specifically prohibits a 60 notice period, then you are required to give such notice.
  • Aug 4, 2007, 05:05 PM
    parooka
    Quote:

    Originally Posted by ScottGem
    One more point on this. Unless the written terms of a lease are against prevailing laws then the provisions stand. So unless the law for your area specifically prohibits a 60 notice period, then you are required to give such notice.

    Would you happen to know what the laws are in the state of Virginia on this matter?
    I'm in the same boat as the original poster. I am on a month to month and they are telling me I have to give 60 days notice.

    However, I saw a post on apartmentratings.com, where a tenant stated that he was in the same situation in my apartment complex, and that he told him that a 60 day notice on month to month leases is against Virginia State law. He then said the management caved in immediately. I however would like to have some proof that this law exists but I'm having trouble finding the information.

    I appreciate any help you can give me on this.
  • Dec 5, 2007, 12:35 PM
    JRD
    Lots of answers, but none of them seem correct under Minnesota law.

    A month to month tenancy is created in Minnesota when a tenant of urban real estate holds over after expiration of a lease, with a period of the tenancy being the period between payments. Minn. Stat. §§ 504B.135 (formerly 504.06), 504.141 (formerly § 504.07). Upon expiration of an initial term lease, without any action by the parties to renew the lease, the parties' continuation of the landlord-tenant relationship becomes a month-to-month tenant fee, and cannot be based on the original written lease. Urban Investments, Inc. v. Thompson, (Minn. Dist. Ct. 4th Dist. Aug. 10, 1995)

    You are only required to give a 30 day notice in a month to month lease in Minnesota, regardless of what your expired lease said.
  • Dec 5, 2007, 01:15 PM
    ScottGem
    Quote:

    Originally Posted by JRD
    Lots of answers, but none of them seem correct under Minnesota law.

    ...

    You are only required to give a 30 day notice in a month to month lease in Minnesota, regardless of what your expired lease said.

    First, did you notice that this question was posted over a year ago? Second, while the case law you cite seems to justify your interpretation its case law not statute. It could be that the decision was referring to just the rental, not the other terms of the lease.

  • All times are GMT -7. The time now is 04:19 PM.