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I just gave a 30-day notice to vacate & mentioned the amount…

Customer Question
I just gave a...

I just gave a 30-day notice to vacate & mentioned the amount of pro-rated rent we would pay for Jan but my landlord says I must pay the full months rent. That sounds illegal to me.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Nevada. Our lease recently changed from a 30-day notice requirement to a 60-day notice requirement. However my mother is dying so I asked if he would accept a 30-day notice & he agreed.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

It's a month-to-month lease. No late payments or maintenance issues.

Submitted: 4 months ago.Category: Landlord-Tenant
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12/23/2017
Lawyer: Roger, Attorney replied 4 months ago
Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist.

The landlord can agree to pro-rate your rent for the last month, but he is not legally required to do so. The reason is that your 30 day notice runs from the date your next rental payment is due. For instance, if your rent is due on the 1st of December, and you gave notice to vacate on November 20th, the notice period would run 30 days from December 1st, even though your notice was earlier.

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Lawyer: Roger, Attorney replied 4 months ago

So, you should legally owe rent for the full month, even if you vacate early. But, your landlord could give you a break given your situation.

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Customer reply replied 4 months ago
Then it's not a 30-day notice. There is nothing in the lease stating a full calendar month notice or payment is due upon termination. There is even a statement that says "lessees are liable for pro-rated rent until lawful termination."
Lawyer: Roger, Attorney replied 4 months ago

I understand where you're coming from, but the 30 days runs from the rent due date....so it's not an actual 30 day period (unless you give notice on your rent due date).

The pro-rated rent sentence you're referring to sounds like a post-eviction process.

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Lawyer: Roger, Attorney replied 4 months ago

However, if the lease says it you give a notice to vacate, you can pro-rate rent for the last month, then you can hold the landlord to that.

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Customer reply replied 4 months ago
this is specific to Nevada? I've leased several places and never come across this definition.
Lawyer: Roger, Attorney replied 4 months ago

This is hornbook law, which means it is the general rule for every state.

Landlords often agree to compromise the lease and work something out, but they don't have to.

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Lawyer: Roger, Attorney replied 4 months ago

Give me a minute and I'll see what I can find specific to Nevada.

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Lawyer: Roger, Attorney replied 4 months ago

Here's a link that provides answers from Nevada lawyers who say the 30 days runs with the rent due date: https://www.avvo.com/legal-answers/in-nevada--can-i-give-a-30-day-notice-to-vacate-mi-1409576.html

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Customer reply replied 4 months ago
The information provided was not accurate nor specific to my state laws. I & my family did our own internet research & contacted legal aid to get the correct information. Why did I have to pay for incorrect information? This was not helpful at all.
Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,236
Experience: Attorney
Verified

Dear Customer ,

I would like to follow up with you on this question. The 30 day requirement applies to a month to month tenancy with no definite term,a month to month tenancy is a serious of different monthly leases so once the first date of the first month has passed you are locked in until the end of that month and the next month and must provide the 30 days notice before the end of the subsequent month to ensure you aren't locked in for an additional month.

The measure while unfavorable to you now does work both ways and gives tenants extra security in these tenancies.

A pro-rated shorter notice is possible when agreed between you and the landlord.

So if it is stated differently in your lease then an absolute 30 days with prorated rent is possible.

The statute is the following:

"

NRS 40.251  Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request.

1.  A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

(a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

(1) For tenancies from week to week, at least 7 days;

(2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

(3) For tenancies at will, at least 5 days."

The term is at least 30 days as in the statute so if you cancel during the middle of the months it can be 45-60 days.

This is qualified by your rental agreement so if prorated is stated therein you can enforce this provision with your landlord.

As this is a legal procedure and the landlord refuses to prorate your rent you can sue in the small claims court thereafter.

Your success will come down to an interpretation of your lease and amendment.

This can be reviewed by me as an extra service, just let me know.

I'm an independent legal expert and rely on positive feedback to get a credit.

You do this by rating 5*****, 4**** or better.

FIVE STARS is much appreciated.

Happy Holidays

Attorney Bill

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