Can my landlord ask me to leave mid-month by giving a 30-day notice? My lease is month-to-month.
Yes, he can. If you have given cause for eviction he does not have to wait. If he wants someone else living there (month to month has no security) he can still evict you mid month.Reasons are as follows: he needs time to get the place ready for tenant X, he realized you are not the steward of his property he had hoped and seeks better.Thirty days is a lot of time. It is the most a landlord can give a tenant.This sounds like a ‘nothing personal, but I need someone else here’ situation. Not only does a month to month offer you no security in knowing you will be there for at least the next year, but the landlord has no idea how long or short your stay will be. Someone willing to sign a lease is preferable to one who is not.
If a resident is month to month and the gives a 30 day notice instead of 60 day, can you charge rent through the notice and a cost of reletting? Original lease was filled and now month-to-month.
If a resident is month to month and the gives a 30 day notice instead of 60 day, can you charge rent through the notice and a cost of reletting? Original lease was filled and now month-to-month.To restate your question: Your tenant’s lease has expired and they heldover, becoming a month-to-month tenant. They gave 30-day notice instead of 60 days.Not knowing the details of your situation, let’s assume that your lease allows the landlord to charge the tenant for the cost of re-letting only if the tenant breaches the contract and leaves the property prior to the natural expiration of the tenancy. In that case:If the tenant gave proper notice, you would charge rent through the end of the notice period and cannot charge for your costs of re-letting. They have fulfilled their obligation and the cost of re-letting is an expense of doing business that the landlord absorbs.If the tenant did not give proper notice (the lease or local regulations require a longer notice) and thus the tenant is trying to end their obligation to pay earlier than allowed, the landlord would charge rent through the end of the required notice period. By collecting 60 days of rent, the landlord receives the full amount of and cannot also charge for the cost of re-letting — that would be double-dipping.If the tenant terminated their tenancy early and did not pay for the remaining term, then the tenant has breached the agreement and the landlord would be entitled to collect the cost of re-renting the property. For example, tenant agreed to one-year lease and stopped paying and moved out after 7 months. Bonus information: In this case, typically the law requires the landlord mitigate their damages by making a diligent effort to re-rent the property as soon as possible, and, if the new rent is lower than the previous rent, the landlord may be entitled to charge the previous tenant for that difference.Check with your local tenant-landlord agency.
Could I send a notice to vacate 30 days before the end of the lease?
Though this is dependant on the specific laws in your jurisdiction, generally, your recourse is somewhat limited and will depend on whether there was a lease in place or whether it was a month-to-month tenancy.If there was a lease in place, the tenant is responsible for the rent until the lease expires or you rent out the apartment (keep in mind that most jurisdictions will make you mitigate damages so you will need to prove that you tried to rent out the apartment as soon as you could).If it was a month-to-month tenancy, your damages would be a full month’s rent, or, the pro-rated rent for the time the apartment was empty if it was less than a month (ex. if the tenant moves out on 3/30 without notice and you are able to rent out the apartment on 4/15, you would be able to sue for unpaid rent for the period that the apartment was empty).The caveat here is that unless the security deposit covers your losses, you will have to sue for the money and then collect.
If I give 30 days notice to move from a rental, do I have to stay another month? How long do I actually have to stay before I have to move out?
If 30 days is the agreed term, then you can move out whenever you wish, as long as you pay for that 30 days.Q: If I give 30 days notice to move from a rental, do I have to stay another month? How long do I actually have to stay before I have to move out?I did that once, gave notice, and said I would be leaving early, just a few days later.The landlord said they had someone ready to move in, but I still had to pay the full term.I said OK, but I will leave some of my things in the property and collect them on my last day covered by rent. That way it was not empty. Landlord accepted 14 days rent, not 30, if I took all my things early…
What happens if a month to month tenant does not give a 30 day notice to vacate and just packs up to leave?
I'm assuming that you have been holding a security deposit from this tenant and that, although the tenancy is month-to-month, there are still terms of the tenancy laid out in a lease. (“Month-to-month” means just that, not “without rules.”)If so, the terms of the lease most likely state that the tenant is required to give you a one-month notice before ending their tenancy.The lease should also state what happens if the tenant fails to give you notice and decides to leave. Usually this means that the tenant doesn't get their security deposit back. Unless you didn't get a security deposit from the tenant, in which case the problem is with you trusting people.If you don't have a written lease with the tenant, you'll have to look up the overarching rules for security deposits in the landlord-tenant code for your city, county, and/or state to make sure you're allowed to keep it before you go out and spend it on a nice dinner, spa treatment, or trip to Atlantic City. And make sure to get a lease drawn up and signed in the future.Note: I am not a lawyer.
If you give less than 30 day notice, paying an extra month and removed your stuff, is it legal for them to rent it out during that remaining month?
Generally speaking, the landlord likely has the right to rent the unit as soon as you actually vacate it and turn over the keys, similarly, if you have paid rent for the month, you likely have the right to retain the keys to the unit until the last day of the paid duration. As soon as you turn over the keys, you have “surrendered” the unit to the landlord which allows them to treat it as any other vacant unit in the facility.Of course, specific landlord/tenant laws in your jurisdiction may significantly alter this, you should probably check with a tenants’ rights association or a lawyer familiar with such laws in your area to confirm the actual outcome of such a situation.
In California, if I give 30 days notice to vacate in the middle of the month, for instance the 10th, do I give it in writing I will be vacating on the 10th of next month? Do I have to pay for those 10 days?
Yes, you have to pay through the end of the lease. If you give a 30-day notice, you are renting the property for the following 30 days and are obligated to pay for them.To determine the move-out date, the date you give notice is “day 0,” the following day is “day 1,” etc. Count out 30 days on the calendar and that is your move-out date. It can vary depending on the number of days in the month (February may have 28 or 29, other months have 30 or 31 days).
How do I get rid of a tenant with no lease renting on a month to month basis, after being give 30 day notice to vacate legal for when can I change locks?
As most of the answers have stated, the applicable law in your jurisdiction will determine the difficulty - there are attorneys that specialize in landlord-tenant law, and they have the machinery honed for the particular laws in your area. If you want to DIY, start with the Nolo Press book for Landlords. It has all the forms and general instructions on how to proceed. The best method and cheapest is to induce the tenant to leave by making sure he understands that once he is force-ably evicted, he will have one hell if a time finding another landlord that will accept him. Almost all landlords now use one of the services that digs up all the dirt on a prospective tenant, and almost no Landlord will rent to anyone who has put another landlord in the position of having to pursue an eviction. The time tables are different in different jx. In Calif its 3 days on defaults and 60 days if the tenant has been in possession for more than a year. Other states it’s 7 days before a NOTICE OF DEFAULT can be served. If the the tenant not is not in default, many states now required a 60 day notice. If the tenat ignores the notice, then you proceed with the action by serving a notice of default for failure to vacate, Never enter into any kind of murky agreement oral or written, that can be interpreted as giving the tenant any sort of option in any way - this automatically can be used to defeat a summary proceeding for eviction - then your looking at months of litigation in a complex case that can be stalled for a long time. Never do anything that will allow the tenant to raise a counter claim like changing the locks or turning off the utilities - he can then counter for punitive damages, vindictive eviction, you name it. These all add to time required to recover possession. The secret of success on a summary proceeding is to follow the prescribed procedure precisely - make sure the tenant and all other occupants are properly served - any defect in the service and you will have to start all over. If a tenant fights the eviction, usually you won’t get possession in any time less than two months from the date you first served the first notice.