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I had a renter move out of a house i own the lease stated 2…

Hi i had a...

Hi i had a renter move out of a house i own the lease stated 2 month notice. I got a text message saying I believe we are moving out, I will send official notice 3 weeks later I sent a text to her asking if she was moving out and she said yes. My question is does "I believe" count as notice?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 5 minutes by:
3/8/2018
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Most likely not. "I believe" is not a definite statement. Imagine if she decided not to move out but you had leased the property to someone else. She'd argue that "I believe" is not a definite statement that they're moving out, but rather a statement of an expected outcome. If she had said "we will be moving out" then that's definite. Especially in light of the fact that she said "I will send official notice", that means that she clearly did NOT consider the "I believe" statement to be the notice in the first place as she felt there was an action that she had to complete to actually give you notice of leaving. So In light of all that, I would say that the "I believe" is not notice because it's not definite and the context of the statement indicates that she didn't consider it to be the notice required either.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Customer reply replied 4 months ago
Thanks you for your assistance that was what i was hoping you would say, one more question. The tenant is threatening to take me to small claims court over this, in your opinion should I go to court based on what i told you and if so should i get a lawyer? I will make sure I rate you after you response. Thanks andy

It depends upon if you can come to a compromise or not. Going to court is always a risk, especially small claims court, because that's more of a court of "equity" (what's fair) versus what the law is. So you could get some crazy justice of the peace that always sides with the renters or something like that. Now all other things being equal, I think that you have a very strong case. But I also think that if you can come to a compromise that you're okay with, then you don't need to go to court.

As far as getting an attorney, I don't think that that would be necessary. It'd be a pretty simple argument, and small claims court is pretty informal (think more Judge Judy than Law and Order).

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ScottyMacEsq
ScottyMacEsq, Attorney
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Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Customer reply replied 4 months ago
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