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    Tuckeredmama48's Avatar
    Tuckeredmama48 Posts: 2, Reputation: 1
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    #1

    Dec 29, 2009, 02:37 PM
    Month to Month Lease termination statement
    Could someone please tell me what the statement (below) in my lease means? I am in Minnesota.

    TERMINATION AND ALTERATION OF MONTH-TO-MONTH LEASES: When the lease is month to month, MANAGEMENT and RESIDENT may terminate the Lease only by giving the other party written notice equal to the NOTICE PERIOD. A notice to cancel a lease is effective on the last day of a month. MANAGEMENT may change any of the terms of the lease, including the amount of rent, by giving RESIDENT written notice at least equal to the NOTICE PERIOD.

    Does this mean that BOTH parties (because it says "and") should have given notice that the lease is terminated? INCLUDING the landlord? My landlord says I did not give a 30 day notice after renting from him for 3 years, and is trying to charge me for another months rent over a year later. When I read this statement, it almost looks like both of us should have had part in ending this lease, management with a confirmation or something?? Thank You in advance.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Dec 30, 2009, 04:01 PM
    Quote Originally Posted by Tuckeredmama48 View Post
    Could someone please tell me what the statement (below) in my lease means? I am in Minnesota.

    TERMINATION AND ALTERATION OF MONTH-TO-MONTH LEASES: When the lease is month to month, MANAGEMENT and RESIDENT may terminate the Lease only by giving the other party written notice equal to the NOTICE PERIOD. A notice to cancel a lease is effective on the last day of a month. MANAGEMENT may change any of the terms of the lease, including the amount of rent, by giving RESIDENT written notice at least equal to the NOTICE PERIOD.

    Does this mean that BOTH parties (because it says "and") should have given notice that the lease is terminated? INCLUDING the landlord? My landlord says I did not give a 30 day notice after renting from him for 3 years, and is trying to charge me for another months rent over a year later. When I read this statement, it almost looks like both of us should have had part in ending this lease, management with a confirmation or something??? Thank You in advance.
    If you gave a 30 day notice at the end of the month, then what you did was legal. If, however, you gave a 30 day notice after the month had already began, then you are liable to pay another month's rent.

    What happened with your security deposit? Did the landlord deduct the extra month's rent from that or did he/she return it?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 30, 2009, 04:16 PM

    Yes, you were required to give notice of least one Notice period. What does the lease say constitutes a notice period? Probably its equal to your rental period. So you can't give notice in the middle of a month and neither can the landlord.

    The notice has to include one full notice period. It has to be given prior to the beginning of the period and be effective at the end of the notice period or after.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 30, 2009, 08:02 PM

    Agreed, it means you have to give a 30 day notice to move.

    If they were going to ask you to move out, they would have to also give you a 30 day notice.

    So if you did not give them a notice when you moved, then yes you owed them the money
    Tuckeredmama48's Avatar
    Tuckeredmama48 Posts: 2, Reputation: 1
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    #5

    Dec 30, 2009, 09:02 PM

    What if he gave me a quit or pay notice and I moved out? How can he say I should have given a notice if he served me with one of those and asked me to leave?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Dec 30, 2009, 09:11 PM

    If he gave you a pay or quit, you still owe for the month that you were living there, when he evicted you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Dec 30, 2009, 09:35 PM

    If you want accurate help, why not tell the whole story up front? If he gave a pay or quit, why didn't you say so?

    Since its near the end of the month, it seems unlikley you got a pay or quit, since that would have been issued when you missed the rent. But lets say on 12/5 he gave you a pay or quit. You would still owe the entire December rent.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #8

    Dec 31, 2009, 07:53 AM
    Quote Originally Posted by Tuckeredmama48 View Post
    what if he gave me a a quit or pay notice and I moved out? How can he say I should have given a notice if he served me with one of those and asked me to leave?
    As already noted by others and as I have written in my signature, it is impossible for us to give you an accurate answer when you don't tell us the whole story upfront. This is a prime example.

    And again, as already stated by myself and two other people, you still owe for the full month even if you vacated early - whether it was on your terms or not.
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