FAQ

My landlord is telling me I have a week to leave because his son needs the apartment. Doesn't he need to give me more notice. How can I find a new place to live in 1 week?
Typical notice is 30 days. It could be as low as 10 days in special cases such as non payment of rent. Here are the laws in each state via State Rules on Notice Required to Change or Terminate a Month-to-Month TenancyHere in Pennsylvania the law is:http://rturn.net/laws/evictions/...In order to evict your landlord is required to give you a proper notice. This notice must be in writing, and it must state the date that you should be out. If you are in the middle of a lease term and you have not violated the lease by falling behind in your rent for example, the landlord cannot evict you before the end of the lease term.Most written leases have a clause in them that states how much time in advance either the landlord or the tenant must give if they are not renewing the lease.If your lease does not state otherwise, the notice must give you only 15 days for a month to month or year to year lease.However, if your landlord is trying to evict you for non-payment of rent, he or she must only give you 10 days notice. This is true whether your lease is verbal or in writing.But, remember, although your landlord gives you a notice to get out, he or she can evict you ONLY after taking you to court!
In what circumstances can we break out lease of apartment?
There are a few different situations where you might need to break your lease. To give you a few examples:If you are in an unlivable situation, it is often called a “constructive eviction.” Look at your state laws to see what kind of notice you need to provide your landlord before you leave. You probably need to allow them time to fix the issue (i.e. no hot water, etc.) before you are legally in the clear. Sometimes a landlord will allow you to move if you want out and have already found a respectable suitor to sublet your place. Check your lease to see if your building allows for subletting.You have a solid reason (new job, family, etc.). You need to discuss this with your landlord to see if they approve and also, wait for it, check your state laws.You just want to move out, but your landlord is in agreement and will allow you to do it. In this situation, get consent in writing.From how it seems, it doesn't look like any of these circumstances apply here. That said, there is one more thing for you to look into. In order to see if there is a way for you to break the lease without having to pay the rest of the rent you owe or finding a new tenant. Check your state laws, because your state may be one where the landlord must “rerent,” otherwise known as looking for someone to fill your place. Even if they do find someone, you will probably owe at least one month’s rent. You also might have to cover the cost the landlord fronts to show your apartment to a prospective tenant, but this could be considered a small price to pay to get out of the apartment without having to find someone else to fill it.Sometimes the landlord does not follow the “rerent” protocol and asks you to pay the remainder of your lease. Write them a letter, and advocate for yourself. Cite appropriate state laws on “rerent” protocol. More information on this here.
How do you write a letter of notice to your landlord?
How do you write a letter of notice to your landlord?You didn’t say what reason you’re giving notice, but I’m going to assume that you’re either on a month-to-month lease or your lease is ending. ALWAYS be nice to the landlord when moving out because you never know when you’ll need a reference.Dear insert name,This letter is to advise you that I am giving you my 30-day notice of vacating the premises, as set forth in my lease. I shall be fully out of the apartment, house, etc on give date the place will be empty.I have enjoyed being your tenant for the last insert time period, but I am moving give reason - bought a house, need to be closer to work, leaving townMy lease requires that I have the carpets professionally cleaned before our walk-through. Please let me know if you have a particular company you recommend. I can be available to do the walk-through at any time on give date when you can be there and the property will be empty and will return the keys and anything else you need to return at that time.Thank you for all your considerations during my time as your tenant.
How can a landlord tell you to move without a eviction notice, but with a letter that state you said you was moving?
As most folks identified, the answer will certainly depend on your jurisdiction, and whether your apartment is subject to any form of rent control. Most states, particularly California, have strict requirements whereby a landlord must provide the tenant a notice terminating the tenancy, and cannot just send the tenant a letter.In terms of a situation where you may have indicated that you were giving notice of termination of the tenancy, but then changed your mind, there are a number of issues to consider. First, did you state that you were moving in writing? Did you actually make such a statement? Did you identify why (for example, if you said you were moving because the conditions were terrible, your rights are very different that if you said you were going to move because of, say, a new job out of state)? Second, did you take any action to rescind the notice to terminate the tenancy? For example, if you sent an email saying that you were considering moving, but then sent an email saying that things changed, you may have grounds to assert that your notice was rescinded. Third, if you are covered by rent control or anything requiring “just cause” or “good cause” to terminate the tenancy (such as most forms of subsidized housing), rescission of a notice to terminate is generally not a valid reason to evict, and the landlord could not evict you on that basis.Lastly, I would encourage you to think about your goals here. Do you want to stay in this place? Have you looked into other places and can you afford to move? If you are under rent control, definitely consider how you may lose affordable rent forever and, if you do not find a rent-controlled apartment, what seems affordable right not may not be affordable in a year when the landlord raises the rent $500. It is not a fun process to go through an eviction and fight your landlord, but, when faced with the choice of a place that is affordable and homelessness, it is worth the fight. On the other hand, having an eviction on one’s record makes it very difficult to find replacement housing, so it is important to do what you can to either win the case, or settle the case in a way that keeps the record sealed.I cannot give you legal advice, but it is always a good idea to document everything and you may want to send your landlord a letter formally rescinding the notice to vacate. Then, unfortunately, your best course of action is to just wait and see if the landlord tries to evict you through the formal processes required in your jurisdiction. If you receive any notices from your landlord, contact an attorney immediately! Eviction cases go fast and have very tight deadlines (for example, in California, you must file a response to an eviction complaint within 5 days), so make sure that you act fast to protect your interests.Legal aid organizations and other nonprofits, as well as your local bar association, are all good places to start and to get referrals to attorneys who handle these sort of cases. If you are in Southern California, feel free to contact BASTA, Inc., Southern California’s largest tenants rights law firm, and we will be happy to discuss your case and help you evaluate your options.Best of luck and remember to document everything!
Can landlord give me move out notice 2 weeks prior to lease end?
No, in Washington State a fixed term lease ends on the of the specified time (RCW59.18.220). A periodic, also know as a month to month, ends when either party gives the other party 20 days written notice before the end of the period/month (RCW 59.18.200). Unless you are in Seattle, where they have a Just Cause ordinance. The renter can give 20 days notice to terminate but the owner can only terminate for one of 18 reasons.Other than the lease ending, a landlord can only serve notice for non-payment of rent (3 Day Pay or Vacate) or violating a term of the lease (10 Day Comply or Vacate). If you cure the issue, you stay. If not, then the serve a Unlawful Detainer action against you (AKA an eviction).Sounds as though your landlord would like their unit back early but it’s very unlikely you have to give it back. Ask them why. If you have somewhere else to move to, then ask for at least the prorated rent back, probably something extra and prompt refund of any security deposit (in WA it now 21 days to mail a statement and refund but there is nothing stopping you from getting it earlier). See if you can figure out a win-win situation for yourself and the landlord.If the landlord continues to push for you to leave early, point them in the direction of your rental housing association. The Rental Housing Association of WA takes calls on their resource line from tenants and non-members as well as members.
Could somebody help me to write an offer letter to rent out my commercial space as a landlord?
I would really contact a real estate lawyer in your local area. Commercial and residential leasing carries certain risks, and you want to make sure you are protected, given the potential consequences. Therefor, I would suggest going on Avvo.com - Legal. Easier. or Yelp or speaking with other local landlords, and getting a referral for an attorney to prepare this for you.
How much notice am I required to give my landlord that I am moving out of the room I am renting on month to month lease?
It it’s month-to-month, at least 30 days, same as he must give you.You can tell him on Oct. 1st that you plan to be out by Oct. 31st, for instance.Many leases have an auto-renew clause. Most month-to-month leases especially do.If yours has one, it will automatically renew until you or your landlord gives at least 30 days notice, or one of you dies.
How likely is it that a landlord will sue you if you break a lease in NYC (with 2 months advance notice), and refuse to pay rent once you move out?
The first thing you should do is try and work out an agreement with your landlord. This really means one of 2 options :They let you out of the lease. Ideally for no charge, but possibly maybe for another month of rent. If you're a good tenant (pays bills on time, doesn't throw parties that the cops show up) and on friendly terms with your landlord this may be possible!Reassign the lease. This means you find someone else to take over your lease. Depending on the remaining duration of the lease, your landlord may be motivated to settle with you and work out an arrangement. Your landlord can very easily sue you in court to try and recoup the fees. Breaking a Lease Is Hard to DoHowever this is not in your landlord's best interests for several reason.While the lawsuit is in progress, they are unable to rent out your apartment. True you owe them the money for every month remaining on the contract. However if you show up in court and it's proven that they went ahead and rented out your apartment while your lease was still active, then the Judge will just go ahead and dismiss the suit. The lease specifies that you have to pay the rent for the entire duration, but unfortunately the landlord must also allow you to live in it. Renting out your apartment after you have technically violated your lease but are still entitled to it as per your lease would pretty much mean they have also violated the lease. A lease goes both ways! So if you had 9 months left on the lease and you stall like all hell before showing up to court, they may very well have a situation where the apartment isn't collecting rent for a couple of months. This is obviously less than ideal for any landlord. While a judge is likely to rule in their favor unless you can show some extenuating circumstances (i.e. the apartment never has heat, or the ceiling leaked and they never bothered to fix it etc.) as to why you had to leave, just because the ruling is in their favor it doesn't mean they will ever receive a dime from the defendant/former tenant. If judge rulings could force people to pony up then deadbeat dads who don't pay child support wouldn't be such a huge issue in the United States. Any landlord who has dealt with this situation more than once probably understands that the chances of them seeing the rest of that rent is slim. It takes time and effort and most likely money to sue someone.
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