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Italiangirl77 · Jul 15, 2008, 07:02 AM

When we first rent our house in 05 we had a 1 year lease that we signed. It stated we must give 30 days notice prior to moving out. After the first year we have never signed another lease, this was three years ago. They sent us one once but we did not sign it because of yard issues that my husband wanted fixed. Since we have signed no lease does this mean we are on a month to month lease? My husband received a transfer and must be in the new state in a couple of weeks, do we still need to give 30 in order to receive the deposit back? Also if we give 30 today does that mean we just need to pay a pro-rated amount for August?

JudyKayTee · Jul 15, 2008, 07:09 AM

Originally Posted by Italiangirl77

When we first rent our house in 05 we had a 1 year lease that we signed. It stated we must give 30 days notice prior to moving out. After the first year we have never signed another lease, this was three years ago. They sent us one once but we did not sign it because of yard issues that my husband wanted fixed. Since we have signed no lease does this mean we are on a month to month lease? My husband received a transfer and must be in the new state in a couple of weeks, do we still need to give 30 in order to receive the deposit back? Also if we give 30 today does that mean we just need to pay a pro-rated amount for August?

If there is no lease the terms of your lease carried over into your month-to-month rental. You still have to abide by the terms of the lease - and yes, that means you pay rent for every month you live there. For example, if you move on the 2nd of August the landlord can legally charge you for that entire month.

In many States the security deposit can only be used against damages, not against rent, although you can agree to do so.

And, no, unless there is a provision for prorated rent you will owe the entire month.

Italiangirl77 · Jul 15, 2008, 07:13 AM

Originally Posted by JudyKayTee

If there is no lease the terms of your lease carried over into your month-to-month rental. You still have to abide by the terms of the lease - and yes, that means you pay rent for every month you live there. For example, if you move on the 2nd of August the landlord can legally charge you for that entire month.

In many States the security deposit can only be used against damages, not against rent, although you can agree to do so.

And, no, unless there is a provision for prorated rent you will owe the entire month.

Does this mean if we move out the last day of July we do not owe for August? We actually will be out the last day of the month so she will be able to put the house back up for rent and possibly have someone living here this month.

Italiangirl77 · Jul 15, 2008, 07:16 AM

Per my previous question on if I need to give 30 days if we are on a month to month, someone answered that if we are here in August we must pay for August. However do we still need to pay for August if we move out July 30? That is our expected moving date and the landlord would be able to rent the house in August.

rockinmommy · Jul 15, 2008, 07:25 AM

Don't start a new thread. Just keep asking additional questions on the first one. Unless it's a totally separate issue.

Anyway... you need to give a 30 day notice. And depending on the wording of your original lease you'll either need to pay for those full 30 days, or the lease may require you to pay up through the end of the month that the notice falls in. (For example, if you give notice today, for August 15, your lease may require you to still pay all the way up through the end of August.)

At this point your presence there isn't the issue. Giving the proper notice is the issue. And then if they re-rent it sooner (I'd have a neighbor or someone keep an eye out) you should be entitled to a refund for those days.

JudyKayTee · Jul 15, 2008, 07:26 AM

Originally Posted by Italiangirl77

Does this mean if we move out the last day of July we do not owe for August? We actually will be out the last day of the month so she will be able to put the house back up for rent and possibly have someone living here this month.

You have to give 30 days notice - if the landlord is able to immediately rent the house out and not lose any rent (I don't know if it's possible at this point to rent it out for August), then you don't owe the month of August.

rockinmommy · Jul 15, 2008, 07:27 AM

Originally Posted by Italiangirl77

Does this mean if we move out the last day of July we do not owe for August? We actually will be out the last day of the month so she will be able to put the house back up for rent and possibly have someone living here this month.

No, it's not about you moving, or you BEING there. It's about giving the proper notice.

See my answer in your other post.

ScottGem · Jul 15, 2008, 08:32 AM

I've merged your two threads, please reply to this thread.

You must give 30 days notice. If that notice leaves you in the middle of a rental period, then you have to pay IN FULL foir that rentall period when the rent is due. The landlord can choose to pro-rate if they rent the unit before the rental period is up.