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alicieont · Nov 20, 2010, 10:02 PM

My lease was terminated by my Landlord on November 18th, when I received a 30 day notice to move out by December 15th. I agreed to the 30 day notice and that I would be out by that date. I found a place to stay and be moved completely out before December 1st. Am I still liable for December if I was not the one to break the contract and I will be out before December?

joypulv · Nov 21, 2010, 01:25 AM

First, Nov 18 - Dec 15 isn't 30 days. The 30 days start when you receive notice (if that were important to you).
Second, what kind of lease do you have and where do you live? If you are a tenant-at-will, generally a landlord can collect rent until the day of termination, but if your lease began on a first day of the month, the law where you live might require that his 30 day notice be on or before the 1st.
I might delicately suggest that it would be in his interest to accept the Dec 1 date so that there are no hassles with having to evict you right before Christmas. Is this involving the return of a security deposit?

ScottGem · Nov 21, 2010, 06:08 AM

First, any question on law needs to include your general locale as laws vary by area. Second, you don't give any details about your current lease. When would the lease have expired? When is rent due? Did you get written notice?

alicieont · Nov 21, 2010, 07:01 AM

I pay on the 1st of each month if that is what you are asking. And there is a positive balance on my account for money that is owed to me and there is also a $200 deposit that is also owed to me when I move out. My landlord is saying that since I agreed to be out within the 30 day time, that even though I will be out by December 1st, that she is still going to charge me December's rent. She said the only way that she will not charge me is if she finds a roommate by that time. But because she cancelled the contract, the day I move out the contract ends right? So if I move out December 1st or sooner, can she legally charge me until she finds a few roommate even though she was the one who breached contract and did it on a fixed lease and gave me a 30-day-notice, but said I needed to be out by my colleges Christmas break??

alicieont · Nov 21, 2010, 07:04 AM

My area is Savannah, GA and the lease would have run from 12 August 2010 to 1 May 2010. In August and December, it was agreed that I would not have to pay a full months rent because I would not be there, but I pay rent of the first of every month. I got an email notice on November 18th giving me a 30 day notice.

ScottGem · Nov 21, 2010, 08:18 AM

If your lease was due to expire May 2011 (I assume 2010 was a typo), then what grounds does the landlord have for terminating it. If there were no grounds then they shouldn't be able to. However, you may have lost that leverage since you agreed to leave.

Notice of termination needs to be written, not e-mailed.

But, what it comes down to is how far are you willing to go. If the landlord charges you to 12/15 and does not return your security as required, you will have to sue to get any moneys back. I would not pay your rent on 12/1 and then sue her for what you think you are owed.

joypulv · Nov 21, 2010, 08:20 AM

Is it a written lease? A landlord can't break a lease term. And you can't just stop paying rent. So if you don't pay 1/2 December and she doesn't refund your security when the lease ends, you might end up in small claims suing each other. Try to use reason with her. She should be glad she is getting away with losing half a month's rent rather than having you refuse to move. Since she already knows you have a place for 12/1, you may have to take her to small claims for the $200. Save the email notice.
Not having to pay for the days in Dec when you wouldn't be there; was that in writing? Very unusual agreement, unless you are her roommate or a boarder or she uses the house over Christmas for herself.

excon · Nov 21, 2010, 08:29 AM

Hello a:

Joy is right. She can't break your lease. IF you're still there, (and I think you are) you have BIG leverage over her. You don't have to lay down for her AT ALL. In fact, it's the other way around. Tell her that, 1. You'll agree to vacate on the 1st, ONLY IF, 2. your deposit is refunded in FULL the DAY you vacate, and 3. she signs an agreement that she is PAID IN FULL.

Cause if she doesn't agree to your terms, you simply REFUSE to move.

excon

ScottGem · Nov 21, 2010, 09:44 AM

As I said, I think it's too late to fight the termination since a) you agreed to leave and b) you have a new place lined up.

There is also the issue of WHY she terminated the lease early. I notice you have neglected to mention that. Maybe she had cause and the breach is actually yours.