[celticpdx]

Hello-
We rented a house in Washington in Decemeber, in June our 6 month lease was up but the property mang. Company failed to have us renew.

2 weeks ago a foreclosure notice was taped to the door. We contacted the loan agency to obtain as much info as possible. We contacted the property mang. Company for the home and they said they would contact the owner.
The owner insists they are taking care of the problem but we doubt it since they haven't paid their mortgage since a month after we moved in.

Since this notice of foreclosure we decided to move because we don't want to scable in the fall/winter to have to move out when the bank takes over.

I wrote an email saying we give our 30 day notice and told them the basis for our decision. They wrote back and said that in our Lease we have to give notice at the 1st of the month as they do not pro-rate. So we have to pay for the entire month of Sept.
We've already located a home to move into and it will be ready Sept. 1st.

My question is this, since we never renewed our lease contract can we move out and pay the pro-rated rent for Sept. for the 10 days that add up to 30 day move out notice?
We don't have the finances to pay rent at both homes for Sept.
Need legal help!!

[ballengerb1]

Unless you original lease had language about automatic renewal you became a month to month tenant, and all details of the lease remain in force. The 30 day notice does normally fall on the ist of the month so, for example, giving notice on the 10th of July does not mean you can move out on the 10th of August. You are on the hook for all of August. Who did you send that e-mail to? If it was the bank they would have to sue you to force payment and that could cost them more than its worth

[celticpdx]

We aren't wanting money back for this month, we just don't feel it's right that we have to pay for ALL of September when we aren't going to be there. We only want to have to pay for the days up the 10th which would be 30 days from our notice of today. Does that make sense. We already found a new home and will be out before the 10th of Sept. but we know we are responsible for 30 days notice.

I will review my lease tonight but I don't think it has auto renewal because they had talked to us back in June since the owner wanted to know if we would be renewing another 6 months. They never asked us to update or resign a new lease.

What will happen if we don't pay? If we just move out and turn in our keys. I realize we will forfeit our deposit which would cover the cost of the last months rent, but other then that if we leave the place clean, turn in our keys and just don't contact them. What could happen to us? We haven't done any damage to the home and they would be able to keep our deposits.

Thanks

[ballengerb1]

While it may make sense to many folks a lease usully starts and stops on the 1st and last day of the moth. Your notice is 30 days or more from the next monthly renewal. If you count 30 days forward from your notice and then find the next 1st of the moth that is when you are no longer required to pay. Turn in your keyes, to who? They can sue you but likely will not bother, don't quote me if you find yourself in court

[simoneaugie]

Does the lease specifically state that notice must be given on or before the first?

[ScottGem]

we just don't feel it's right that we have to pay for ALL of September when we aren't going to be there.

And I don't think its right that you ignored the terms of your lease. If the landlord is correct that the lease specifies that you have to give you notice prior to the first of the month or be responsible for that whole month, then you are responsible. As noted, if you continue to reside in the property after the lease has expired then you become a month to month tenant. As a month to month tenant ALL the terms of the original lease remain in effect except for rental amount and term.

As to be forced to move if the property was foreclosed, federal legislation requires you be given at least 90 days.

If you move out, then any deposit you have can be applied towards what you owe. Whether there are any damages that have to be repaired may be in the eye of the beholder. So you NEED to do a walkthrough with the landlord and get a sign off on the condition of the property. If you did wind up owing money because the deposit was not enough to cover everything, he can sue your for that amount and would probably win.

[celticpdx]

I appreciate all your comments, thank you!

I will read carefully through my original 6 month lease tonight so I'm edcuated on all the facts. I've never rented a place where you couldn't give your 30 day notice at any time.
I will be sure to read all the small print if I ever decide to rent again.


Thank you!

[LILL]

RCW 59.04.020
Tenancy from month to month — Termination.

When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of thirty days or more, preceding the end of any of said months or periods, given by either party to the other.


[Code 1881 § 2054; 1867 p 101 § 2; RRS § 10619. Prior: 1866 p 78 § 1.]

[ScottGem]

As you can see by what LILL posted, its state law that notice be a FULL rental period. So either the lease is in compliance with state law or it doesn't specify, in which case the state law governs.