Ask a landlord-tenant lawyer and get answers ASAP
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.
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