Eviction notice - Landlord Forum thread

Eviction notice by Kim Johnson (Kansas) on June 10, 2012 @16:53

I am renting a house, and signed a 12 month lease, and put a deposit down of $500. The lease expired after the 12 months. In the meantime, a new management company took over the leasing of the property at about the 8 months into the contract. I stayed all during the 12 months of the signed contract and started living, month to month at the same address. Since I didn't sign another lease agreement and continued to live at the same address month to month, the Landlord wanted to have the management company evict me with a 30 day notice, hoping that I would sign another agreement. I didn't sign, but I moved out and gave the management company a 4 day notice. I left the keys to the property as agreed, and cleaned my apartment as expected. The property manager first said that I could get most of my deposit back, and that rent would be prorated. Then the landlord decided that they wanted me to stay at the end of the month (June 30)and that I owed rent for the whole month of June $550. They said I didn't give a 30 day notice that I was leaving and therefor, I was responsible for the whole month of rent. Who is right?

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Re: Eviction notice by Bryan (Ia) on June 10, 2012 @17:03	[ Reply ]

It depends a bit on the wording of that 30 day notice. I will assume it was a notice of non-renewal. Since the notice of non-renewal was served by LL or agent this relieved you of any duty to serve any notice to the LL or agent.

Re: Eviction notice by Anonymous on June 10, 2012 @17:15	[ Reply ]

This is the statute for you state:Article 25 58-2570 (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than 30 days after the receipt of the notice, except that not more than 15 days' written notice by a tenant shall be necessary to terminate any such tenancy where the tenant is in the military service of the United States and termination of the tenancy is necessitated by military orders. Any rental agreement for a definite term of more than 30 days shall not be construed as a month-to-month tenancy, even though the rent is reserved payable at intervals of 30 days. (c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. In addition, if the tenant's holdover is willful and not in good faith the landlord may recover an amount not more than 1 1/2 months' periodic rent or not more than 1 1/2 times the actual damages sustained by the landlord, whichever is greater. If the landlord consents to the tenant's continued occupancy subsection (d) of K.S.A. 58-2545, and amendments thereto, shall govern. http://kslegislature.org/li/b2011_12/statute/058_000_0000_chapter/058_025_0000_article/058_025_0070_section/058_025_0070_k/ By Kansas law, you needed to give a minimum of 30 days written notice. Seems you are on the hook for the full rent for the term and possible the following month as well since you didn't give notice to the LL what you were going to do until 4 days prior to doing it. There was no way for him to have secured or even tried to secure a new tenant and thus he lost a month's income from your lack of proper notice.

Re: Eviction notice by Anonymous on June 10, 2012 @19:42	[ Reply ]

If you moved out within the limits of the 30 day notice you do not owe any money. This is the kind of crap that property managers pull. The manager talked you into staying so he could trap you into paying another month which he sticks in his pocket. You can bet the landlord will never see that money if you pay it. You need to find the landlord and talk to him about the deposit and the notice. Many states do not allow the deposit to be used for rent. Take the landlord to court. Do not pay any more money.

Re: Eviction notice by Annie, CA on June 10, 2012 @23:20	[ Reply ]

This does not make sense to me. If your lease converted to a month to month at 12 months, why would your LL want you to sign a new lease? A 30 day notice is not an eviction. If they served a 30 day notice, you don't need to give any notice. You can't trust property managers. I would contact the LL directly.

Re: Eviction notice by Anonymous on June 10, 2012 @23:37	[ Reply ]

Most states require a 30 day notice. A thirty day notice is not an eviction. A thirty day notice is a thirty day notice. These are two very different things. In many states, the states that are term states, the landlord can not legally prorate the rent. What is verbal is not the same as what is put in writing...... Did you give thirty days notice that you were leaving? There is always small claims court, should you feel the deposit should be returned to you. If you stayed four extra days, the judge will consider this in his decision.