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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
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Experience:  JD, MBA
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Rent is payable 8th of each month. May have to move next weekend.

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Rent is payable 8th of each month. May have to move next weekend. What payments will be due if I notify landlord today? Any different on 8/7?

10. Vacating Premises Prior to Expiration of Term. In the event Resident desires to terminate the lease before the expiration of the lease term, Resident may, at Resident's option, elect to pay to Manager a cancellation fee of $680.00, in addition to any amounts as outlined in the Concession Addendum (if applicable), plus payment of the rent due for the last month or portion there of occupancy by delivering to Manager in writing a 30-day notice of Resident's intention to cancel this lease. Such notice will be effective thirty (30) days from it is given. The notice must be accompanied by payment of a cancellation fee plus payment of the rent due for the last month or portion there of occupancy. Such payment will release Resident only from any further rental obligations beyond the date the cancellation is effective. However, all other terms of the lease must be complied with, through the date of vacation of the premises on or before the effective date of the cancellation. Landlord shall retain all remedies for non-compliance with the Lease, and Resident shall be liable for any damages for non-compliance. By not opting to pay this cancellation fee, Resident is responsible for the rental payments for the remainder of the lease term
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for allowing me the opportunity to assist you.

If you move on 8/7 and only give notice today, then according to the terms you posted you will have to pay the $680 fee, plus another 30 days of rent because you did not give enough notice. In other words, you'll have to pay rent from today to 30 days from now. If you give notice on 8/7, then you'll have to pay from 8/7 to 9/7. You'll also have to pay "any amounts as outlined in the Concession Addendum (if applicable)." I don't know what those fees may or may not be since you didn't post that addendum.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 9851
Experience: JD, MBA
TJ, Esq. and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

on what day does the "meter click" again for another month's rent? What is the notice period?


Here us the concession addendum:


Lease Term: 11 months


Rental Amounts: $680.00


One-time Concession: $0.00


Monthly Concession: $0.00


Description:


 


 


COMMENTS: If Resident fails to fulfill the lease terms, as stated in the signed Lease Agreement, Resident agrees to reimburse Copper Creek for the full amount of the concession outlined above. The amount owed is due and payable on the date of notice given to vacate, along with any other penalties that may be due per the Apartment Lease Agreement, and any other outstanding balances on the Resident account.

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Q: on what day does the "meter click" again for another month's rent? What is the notice period?

A: The language states: "plus payment of the rent due for the last month or portion there of occupancy by delivering to Manager in writing a 30-day notice of Resident's intention to cancel this lease. Such notice will be effective thirty (30) days from it is given." The language bolded and underlined indicates that the 30 days begins to count down on the day that the notice is given, and your rent would be prorated if the 30 day period ends in the middle of a month.

So, the botXXXXX XXXXXne is that the sooner you give the notice, the less money you will have to pay. If you give the notice today, then you must only pay rent for 30 days from today. If you wait to give notice on the 7th, then you must pay rent for 30 days from the 7th. Plus the $680, of course, regardless of when you give notice. It doesn't appear that there are additional charges per the addendum.
Customer: replied 1 year ago.

very helpful.


Does this mean that it doesn't matter when, within a month, we give notice?


 


when do we have to vacate vs. give notice?

Expert:  TJ, Esq. replied 1 year ago.

Hi again.

Glad to be of help.

You are correct. It does not matter when you give notice. But whenever you do, you must continue to pay rent for 30 days thereafter, plus the $680.

As for vacating, you'd have to vacate some time before the end of the 30 day notice period.

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