How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23922
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
9540344
Type Your Real Estate Law Question Here...
RealEstateAnswer is online now
A new question is answered every 9 seconds

Does someone with an early occupancy agreement need to be

Customer Question

Does someone with an early occupancy agreement need to be given 30 days notice to move out?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.

Good morning. What exactly does the agreement say? I just would like to have a better idea of the situation involving the parties.

Customer: replied 10 months ago.
The rent back agreement says i have to vacate by saturday at 5pm
Customer: replied 10 months ago.
Basically i.went under contract on a home, sellers agreed to a rent back. Things have taken way longer than expected. I've lived in the home for a month and a half and have paid the sellers over $3000 to live here.
Expert:  RealEstateAnswer replied 10 months ago.

Thank you for the additional information. If you and the seller agreed to specific terms in the contract, which did require you to vacate by Saturday at 5pm, then that would control. There would be no point having this term/condition and then it being unenforceable, since it was agreed to and a necessarily part of the contract, for whatever reason you and the seller decided. If you agreed to vacate by Saturday at 5pm, the seller can hold you to it and if you fail to move, they could then sue you for damages, for breaching the contract. To come back now and say you want a 30 day notice, may not be valid, since you agreed to leave and thus, the tenancy would be up. A 30 day notice would be fore someone who rents month to month and either wants to leave or is asked to leave. In this case, there is a clear end to the tenancy, so if you hold over, a notice to vacate would need to be given and then they could evict.

Expert:  RealEstateAnswer replied 10 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Related Real Estate Law Questions