Can a landlord charge you prorated rent if he/she gives you a 60 day notice to vacate because he wants to sell the property and you move out prior to 60 days because another unit was available?
Not to be boring but here is my same answer - again - CHECK YOUR WRITTEN LEASE. The Landlord may do whatever you agreed to when you signed the Lease. In a good Lease, the details for Early Termination by Landlord are spelled out completely so everyone knows what their responsibilities are before signing a binding Legal Document. From Georgia Association of REALTORs Lease:The Landlord, in this Lease model, demonstrates courtesy to Tenant by compensating the Tenant for the disruption when asking the Tenant to leave early. Not all Leases are the same.The details of your Lease may be different if the Landlord expects you to pay for each day your are using the property. Hope it works out for you. LynnPS If you ever sign a Lease or a Purchase document with us, you will be asked to initial EVERY PAGE, not just sign at the end. If you are going to enter into a LEGAL and BINDING AGREEMENT with us, your initials on each page “prove” that you read every page as requested to do before signing.Do all our Tenants or Buyers actually read everything? I don’t know but by initialing each page, the Tenants or Buyers are verifying that they have read each page. L.
I was given a 60 days notice to vacate, if I move earlier, do I still have to notify my landlord?
I am not a lawyer. Don’t rely on this as legal advice. It will vary with your jurisdiction and what your rental agreement states. A 30 day notice is very common. If you plan to move before the 60 days are complete, you could probably give a 30 day notice. You are responsible for the condition of the apartment until such time as you no longer have possession. So for your own protection, you should formally return possession to the owner as soon as you move out. If your lease allows you to give a 30 day notice, and if you immediately give a 30 day notice as soon as you receive the 60 day notice, then likely you are only responsible for rent for 30 days. However, if you move but don’t surrender possession, you will be liable for the entire 60 days. Again, it is in your best interests to formally return possession to the owner as soon as you move out, and to give the owner as much notice as possible of when you intend to move if it is before the 60 days expires.
When given a 60-day notice to vacate the premises. Does that mean you have to be out before 60 days are up?
In most, if not all, states, a landlord must file an action in the locality’s Landlord-Tenant court if the tenant is still in the apartment. There are grounds in some cases, depending upon the state’s laws, to terminate a tenancy upon prior notice. But there are also potential defenses a tenant may use. You must determine the following, under your state’s laws, and in some cases, under federal laws and regulations (especially HUD, if applicable):(1) Is the landlord even legally permitted to terminate your tenancy upon 60-day notice? While your lease may include such a provision, you must be familiar with and understand what your state’s laws say about a landlord terminating a tenancy.(2) When does the statutory notice period begin and when does it end?(3) Does the law require any additional notices or procedures prior to a lease being terminated? For instance, is there a specific manner of service required by the state’s laws? (e.g. regular and certified mailing, hand delivery?). In many states, a defective notice is a ground to have the eviction action dismissed.(4) Does federal law apply? In many federally-subsidized apartments, including those where a tenant is residing in private housing but obtains, either directly, as through a voucher (e.g. Section 8 voucher), or by means of a subsidy paid to the owner that applies only to the building, there are specific notice requirements that may be stricter than the state’s own notice requirements.(5) Does the state require an eviction ‘for cause’? Determine whether the law in your state enumerates specific grounds to evict, to the exclusion of any evictions that are not for cause.Even if the landlord followed proper notice procedures and the contours of your state’s law, the landlord will still have to file an action in court if you remain in possession, and may not, in all likelihood, lock you out, change the locks, throw out or remove your belongings, or compel you to move out, by threats or physical actions. The landlord ultimately must file an action in court if you remain in possession. You should apprise yourself of your state’s laws regarding eviction actions and consider consulting with an attorney.
Can a landlord in NYC keep my security deposit for failure to provide 60 days notice to vacate - as stated in the fixed term lease?
No. A landlord in NY can only retain a security deposit for unpaid rent or actual physical damage to the leased premises, regardless of what the lease may say to the contrary.Providing notice to vacate is only applicable in a month-to-month tenancy, and only 30 days’ notice is required. Otherwise, the expiration date of the lease constitutes notice to the landlord that the tenant will be vacating on or before that date.
My landlord gave a 60-day notice. It's now over 60 days. How long does the landlord have to file an unlawful possession? Would they have to serve a second 60-day notice?
It should take the time necessary for his attorney to prepare the court summons and have the process server give it to you. On the off-chance that you gave him the rent but he still wants you out, there may be a time limit of 30 days to begin the legal process before it converts into a new month-to-month rental agreement. Assuming you haven’t paid rent for the new month, he is driven by the fact that every day he is losing money, and is not going to delay. But there probably isn’t any particular time limit, except maybe after a few years when you might start to acquire squatters rights.
Does a landlord need to give a 30 day vacate notice before proceeding to evict?
It may depend on the state where you live, and on the situation.In Texas, only 3 full days are required… the landlord can file on the fourth day if he wants.If you are month-to-month AND you have done nothing wrong, the landlord can require you to move by giving at least 30-days notice. It can be for any reason or no reason at all. You are a Tenant At Sufferance.But if you have done anything wrong (like late rent), that’s out the window and he’s back to an immediate 3-day eviction notice.If you’re willing to get all your belongings stacked at the curb by strangers, and have a judgment against you for 10 years, you can wait out the entire eviction process, which takes about six weeks in Texas.Once you have failed to comply with a 3-day eviction notice and a suit is filed, it moves forward after that, even if you pay up everything you owe while waiting for trial or move out while waiting.In some other states, putting you and all you own out to the curb takes significantly longer, but you still have the downsides mentioned above when the dust settles.
When do you decide to give a tenant 30-day vacate notice vs 60-day vacate notice in NYC?
For a "month-to month" tenancy, all that is required is 30 days' notice to terminate the lease. It does not matter how long the tenant was in occupancy, nor does it matter whether the tenant believes that 30 days is "reasonable," since the law establishes 30 days as a reasonable time for a tenant to vacate after receiving notice.