Good evening! I can help you out with your legal question tonight. In order to help you I need to ask you a few quick questions. When did/does your lease end?
I've lived here almost 7 years. Had a 1 year lease the first year. Notice was dated February 23, so 3 months is May 23.
When is your lease up? Why are they evicting you?
Does the lease roll over every year? Owner is moving back into the house, which is currently in first stages of foreclosure process.
The lease only rolls over if it say so in the lease agreement. Otherwise it ends, and becomes a month to month lease with those same terms that are in the contract.
If it doesn't automatically rollover, then you only need to give 30 days notice.
In this situation, it doesn't appear that the landlord will mind if you leave earlier, but you will want to confirm that in writing (letter, email, etc.)
I would get a writing before vacating early, just so you have that if the landlord ever sued you for rent.
I gave her notice on March 12 and I was vacating by April 1 and she's mad and says I have to give her proper, 30 days notice.
Technically she is correct. You can always pay until April 12th in order to avoid litigation though.
The law says that if you are a month to month tenant than you have to give 30 days notice or be liable for that rent.
So if she took you to court, she could get rent from you for 4/1-4/13, IF she pursued it in court.
I was afraid of that. One more thing -- she asked me to "revise my notice and give her sufficient 30 days notice. Since I faxed her originally on the 12th, can the revised notice still be dated the 12th?
Also, counting 30 days from the 12th puts me at April 10.
Yes, the 12th is fine. If the 10th is 30 days, then that makes it even a smaller chance that she will spend money to sue you and get rent up until the 10th.
Ok, I will do that and will pay her for the additional 10 days.
Thank you so much.
You are very welcome and good luck in the new place!
Please leave feedback for me before you go. Have a good night!
By the way, I guess even though she's pocketing my rent and not making her mortgage payment, I still have to pay?
Yes, that is correct.
Thought so. Ok, I will leave feedback. Thank you and have a lovely evening.
Let me know if you have any problem with the feedback button.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).