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Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.
What is the "original notice" that you mention? What is requiring 60 days notice?
Thank you for the additional information.
Is there anything in the lease which would indicate that the 60 day notice requirement would survive the expiration of the lease?
Thank you for your patience.
Once the lease expired the 60 day notice was no longer required. Instead, the regular notice requirement for a month to month tenancy applies, and that is one month.
So, you can charge her for the one month notice period. It is not 30 days, the next full month. So a so a notice given, say, July 5, would be effective on 9/1, since August is the next full month.
You can retain it from the security deposit.
Did you have further questions? Have I answered your question?
No, she is a month to month tenant and must give notice to terminate the tenancy whether disabled or not.
If a lease expires and the tenant remains in place and the landlord continues to accept rent then the tenancy becomes month to month and either the landlord or tenant may terminate upon one full month's notice. You are certainly free to settle or negotiate whatever you can both agree, but the law requires one full month's notice.
If you do agree to a settlement, make sure to get it in writing signed by the tenant (not her daughter).
You are entitled to retain the deposit for unpaid rent and damage to the premises in excess of reasonable wear and tear. Just make sure to follow the legal procedure as far as notice, etc.
The daughter is clearly going through a trying time and it is nice of you to be understanding, but she is just trying to bully you.
You are legally owed rent through the notice period. You can waive it if you want, but it is your right.
None I am aware of. Tell her if she can cite the law you will waive it. Otherwise, she owes the rent.
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