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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28005
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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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: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year 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 1 year ago.
The rent back agreement says i have to vacate by saturday at 5pm
Customer: replied 1 year 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 1 year 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 1 year ago.

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