Friday, July 16, 2010

When a rental lease expires how much notice does the landlord have to give you to move out.?

I have rented this house for the past 1.5 years and the lease ends the end of October. I had no intention of moving and then today Oct 27th I receive a letter from my landlord informing me that he is selling the house and I need to move out by the 15th of November. Does anyone know the laws concerning this. It will take me longer than this to find a new residence and get moved in.When a rental lease expires how much notice does the landlord have to give you to move out.?
State law usually dictates how much notice month to month tenants have to receive and/or give.....some states 30 days from the NEXT rental due date.. some just 30 or 60 calendar days..





Google your state and landlord tenant laws....but 30 days minimum notice is probably required.When a rental lease expires how much notice does the landlord have to give you to move out.?
depending on your state laws, typically you need to get 30 days notice to evict someone. the above poster is wrong, the landlord still has to give proper notice to vacate/evict, even if the contract states that youre done at the end of October.





If the house is being sold, then doesnt mean your 30 days gets cut short. Your contract should have wording in there that states the amount of notice you get in the event of a month to month tenancy.





regardless, if they sell, the ownership of the contract goes to the buyer, and its up to them to evict you.





by the way, the eviction process, when done correctly, can take up to 2 months. (thats from first notice to vacate, to when the marshalls come to kick you out)
the rental lease expires on the day of the expiry date.


if you did not renew the contract you would be considered a month to month tenant and should give you at least 60 days notice.


if you renew the contract for another term say another 6months or 1 year lease and the landlord decides to sell he should give you at least 60 to 90 days notice to move out. some good landlord would even pay for the moving expense. but that all depends.


contact your local city hall and ask for tenancy/landlord information.


good luck :)
Your lease should give the notice period. If you are required to give 30 days notice, then the landlord must give you that much notice. On November 1, your lease turns into a month to month, unless it is extended.
He can't do that. He needs to give you at least 30 days notice and 60 days in some states.





Your lease does NOT automaticaly end when the inital term is up. It goes to a month to month at that point.
It depends on what state you are from buuuuut typically the lease is considered your notice.
He needs to give you 30 days notice. So you really have until November 30 to get out.
If you live in Florida, then 15 days notice is all you get. Most other states are 30 days.
This is my opinion, not legal advice of any kind, but here goes:





Read your lease.





Your lease ended, it said so in your lease. So you want to hold up the landlord while you decide your next move?





If you planned on staying, the requirement was on YOU to notify the landlord, and if he said YES, you'd have a case, but he/she was within his/her rights to assume you were leaving at the end of the lease period since you gave no other indication that you were staying.





If you do stay beyond the lease, and it costs the owner money, or a lost sale, prepare yourself for a lawsuit, at a minimum for unlawful detainer, and possibly for causing losses to the owner should your inaction to move result in losses to the owner.





You should have thought of this before now. Sorry, but you screwed up. Take responsibility, and move out, or at a minumum, make an arrangement with the owner to indicate when you WILL move out. No doubt a new owner has plans that may not include renting.





The other posters may have a case about the landlord notifying YOU, but I think that depends on the wording of the lease itself. Some leases go into month to month automatically, some are fixed at one year.





You have been notified, so at MOST you have 30 days but I wouldn't count on it. And also, the law if fairly clear that you cannot stay rent free, so you do owe the landlord the rent for any extra time you stay.

No comments:

Post a Comment