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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33730
Experience:  Attorney for over 15 years, landlord 26 years
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Question regarding a 30 day notice to quit given to the

Customer Question

Question regarding a 30 day notice to quit given to the renter by the landlord. Renters moved before rent was due on Nov 1st we had until Nov 25. We were given the notice in Oct and we moved before Nov 1st when the pro rated rent of 1300. was due. The landlord wants us to pay even though we were not living there. She originally needed to move back into her house because she had no place to live being the reason for the notice to quit. When we told her she could move back in and that we had moved she refused because she wanted the money 13000. Do we have to pay the rent money she wants?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Maine
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No lease it was month to month
JA: Anything else you want the lawyer to know before I connect you?
Customer: we left a few things behind yet the house was in great condition and I took a video. She sent us a certified letter saying to come get our things and we wont have to pay the so called rent owed. She also kept our $1550. security deposit.
Submitted: 12 days ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 12 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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If you were given a 30 day notice to vacate, then you would be liable for rent up until the end of that 30 days, whether you moved out one day into the notice or 30 days into it.

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In a month to month tenancy, either party can terminate with a 30 day written notice. But it doesn't matter when the tenant moves out, they are still liable for the rent for that 30 day period. The only exception is if the tenant moves out and the landlord then rents it again before that 30 days expires. Then the tenant is only liable for rent up until the new tenancy started.

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As for the deposit, if you don't agree with any charges that she imposed, then you can file a small claims court case and sue her for breach of contract. If she is trumping up things that she says were damaged or needed to be cleaned, and you have proof that the house was in great shape, then she loses.

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So you are kind of stuck on the rent, but you can sue her on the security deposit for any improper charges or deductions.

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thanks

Barrister

Customer: replied 12 days ago.
At first it was a lease for two years however when it was time to resign she never called me...and previously she would call to let me know to come sign the lease. So I forgot that the lease wasn't signed. when she gave the notice I asked about the lease and she said I never signed one for the third year. I thought she had a responsibility to call or write me to sign and re-up the lease...she always did in the past. That's why I aid it was a month to month...does it matter or am I splitting hairs?
Expert:  barristerinky replied 12 days ago.

No, that doesn't matter from a legal perspective.. If you never signed a new lease, you become month to month by default if you and the landlord agree to continue the tenancy by you staying and paying rent. So then the month to month rules kick in regarding the required amount of notice to terminate.

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thanks

Barrister

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