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Owner trying to make us pay for March - Landlord Forum thread 331665

Owner trying to make us pay for March by Drew on March 3, 2015 @01:35

                              
Our expiration date to leave the house was for 28 February 2015. Everything has been cleaned out and is ready for the owners. They are trying to make us pay for March since no 30 day notice was given. Would that fall on the property manager and home owner to re-negotiate an extension, which was never produced from either. We were informed 28 February was our last day while signing the contract and we would. Be moved out prior to then. At no point was there any arrangements made to stay later then what was set in writing. Instructions: Please provide your name, your state, and your question. Please try to keep your question as SHORT and TO THE POINT as possible.
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Re: Owner trying to make us pay for March by Lighthope on March 3, 2015 @01:45 [ Reply ]
> We were informed 28 February was our last day while signing
> the contract

Unless this is a vacation rental, I have never heard of a lease with a hard moveout date like that.

Without seeing the exact wording of the lease, generally a term lease would turn into a month-to-month lease at the end of the term automatically.

You would have to provide a specific moveout notice or the lease would automatically roll over to a month-to-month. Which is why the landlord is asking for an extra month. Because you didn't provide a moveout notice.

This is actually not something new or unusual. It is presumed (by Courts) that you will continue your tenancy unless you specifically inform the landlord that you are moving out. This is so tenants don't find themselves on the street at the end of the lease. Landlords must also specifically give you notice to move otherwise a term lease rolls over the month-to-month.

Again, without seeing the specific wording of your lease, I am speaking generally. But like I said, I have never seen a lease like that for a regular rental.

Lighthope

Pearls of Wisdom - Chivalry is dead. It was murdered by feminism.
Re: Owner trying to make us pay for March by Anonymous on March 3, 2015 @01:48 [ Reply ]
It hinges on your lease. If a term lease with an ending date, no notice is needed. If it rolls into a month-to-month after the lease term is reached, you have to have paid a month of rent (and the landlord had to have accepted the rent)for that m-t-m clause to start. If you did not vacate the house and turn in keys, you will owe money for March.(pro-rated if it was a finite term lease).
Re: Owner trying to make us pay for March by Anonymous on March 3, 2015 @02:00 [ Reply ]
Did you think to put a 30 day notice in writing, and send it to whoever you rented the place from on January 31st? Every lease I've seen that is for one year rolls into a mnoth by month basis after the first year. Unless 30 days notice is given by one party or another.
Look up your state's law. I believe the owner or property management is right. You needed to give written notice you were planning to move, and now you owe for the next month because you did not. You can always send written notice with your rental payment.Be careful, because your state's rental law is probably going to side with the owner or rental company. And you do not want them to garnish you for the month you did not give notice for.
Go back to your lease, and reread it. Prepare for court if necessary.
Re: Owner trying to make us pay for March by Anonymous on March 3, 2015 @10:29 [ Reply ]
In my state, the lease ends on a specific date with no notice required, unless notice is required in the lease. My leases all say a 30-day notice is required, and without notice the lease rolls M2M until we receive notice (either in writing or by discovering the rental is vacant). Read the language of your lease to determine what was required of you by way of notice or whether the lease was assumed to convert to M2M after the end of the first term.
Re: Owner trying to make us pay for March by Wilford on March 3, 2015 @11:11 [ Reply ]
"Instructions: Please provide your name, your state, and your question. Please try to keep your question as SHORT and TO THE POINT as possible."

Pay the money.
Re: Owner trying to make us pay for March by Bill on March 3, 2015 @13:50 [ Reply ]
One would think that the landlord/owner would have contacted you prior to the lease ending to determine if you are moving out or renewing the lease. That way , if your moving the landlord/owner could start showing the house.
Seems that landlord/owner dropped the ball and now wants you to make up for their failure to find out if your moving or not.
Re: Owner trying to make us pay for March by Anonymous on March 3, 2015 @14:56 [ Reply ]
What State are you in, that would help provide a better answer to the problem.
Comment to other LLs by Stephen (WA - Washington) on March 3, 2015 @20:18 [ Reply ]
Because of this sort of confusion, as my tenants approach the end of their 1 year lease I contact them to learn their intent. I then remind them that we need appropriate notice if they are planning to leave. I believe this makes both of us happier.
Re: Owner trying to make us pay for March by MrDan (Georgia) on March 3, 2015 @21:07 [ Reply ]
Many States do not allow automatic lease renewal clauses, in those that do , the landlord is required to provide the tenant with written notice XX days before the lease is automatically renewed.

Requires that the automatic renewal clause be set out in at least 8-point boldface type. Additionally, just before the signature line, there must be an 8-point boldface warning that there is an automatic renewal clause in the agreement.

An automatic renewal provision in a lease must provide a space for the tenant to give written acknowledgment agreeing to the provision. If the landlord cannot show tenants signature, initials acknowledging that provision, the landlord cannot enforce an automatic renewal of the lease.

So check the lease to be sure that no automatic lease renewal clause exist.

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