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Month to month rental contract notice period
Hello
We are on a month to month contract, which was not signed by both parties as our original lease was for 1 year and we are now 3 months over the end of our original lease agreement. The owner however have decided to sell the property. The sale has gone through and is waiting for registration and transfer duties. We are in a catch 22 situation where we have found a new place to rent. When notifying the owner that we have found another place and that we would like to give notice as we would be able to move in at the end of this month. She refused and said that we need to give 1 months notice. If we loose this place we might sit in a situation were we will not be able to get another place soon as rentals in our budget is few and far between. Please help!! Thank you. |
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If the lease requires 1 months notice then you have to give one months notice. That doesn't mean you can't move into the new place. On the other hand, if the property has sold, then it's the new owner who you have to deal with. They may release you since they may want to move in right away.
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Tenant laws vary by state (in the US), but most are indeed 30 days. I think only Florida is 15, and Calif has provisions for more notice depending on the situation. Also each state defines whether it's from the beginning of the lease-defined month (such as the first) or whether it can be any day.
It's almost the end of Feb. When did you tell her? Did you give a security deposit? It isn't fair ordinarily of course to give last minute notice, given that landlords need time to advertise and show, but this house sale is almost complete, so what is she expecting? When is the closing supposed to happen? |
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Give your present landord the required 30-day written notice (if that's the required notice period in your jurisdiction). Move into the new premises at the end of the month. The worst that could happen is that your present landlord could withhold March's rent from the deposit (assuming there is a deposit). Or sue you for one month's rent
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