Giving notice at the end of a lease

[Anonymous]

Our lease provides that we need to give 60 days notice if we intend to vacate. It ends on Aug 31. We just bought a house and intend to vacate by then, but we've hit a bump in the road of the closing process and our purchase is being help up. I am scared to give notice before we are actually set with the closing. If we give notice on July 6 or 7, will we be obligated for the entire month of September? Or just a 6-7 days? Our lease is silent on this issue - just says needs 60 days notice. FWIW, we moved in during the middle of the month and prorated the rent then.

Thanks

[Anonymous]

Be honest with your landlord and explain the situation. Have you been good tenants? If you have a good relationship with them, I bet you can work something out.

[Anonymous]

We have been really good tenants, but we deal with a property manager and she didnt seem amenable.

[Anonymous]

Ick. Ask them about a month to month option?

[Anonymous]

Well, our lease automatically converts to month to month. We just dont want to be responsible for paying a whole month when we have given 60 days notice.

[Anonymous]

How held up is your closing? What's the estimate on when you should close?

[Anonymous]

You will have to pay for the entire month unless you work something out with your landlord.

[Anonymous]

Anonymous wrote:How held up is your closing? What's the estimate on when you should close?

We are supposed to close on 7/15 but we might have to start all over with a new lender. We wont know until next week. And who knows if the whole thing might fall through?

[Anonymous]

Anonymous wrote:You will have to pay for the entire month unless you work something out with your landlord.

Why? Is this the law?

[Anonymous]

Anonymous wrote:

Anonymous wrote:You will have to pay for the entire month unless you work something out with your landlord.

Why? Is this the law?

unless the lease gives the option of prorating at the end, this is the standard arrangement. The reason being is that, of course, most people want to move in at the beginning of the month, so if you move out on, say, September 7, they probably will be out of rent until Oct. 1.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You will have to pay for the entire month unless you work something out with your landlord.

Why? Is this the law?

unless the lease gives the option of prorating at the end, this is the standard arrangement. The reason being is that, of course, most people want to move in at the beginning of the month, so if you move out on, say, September 7, they probably will be out of rent until Oct. 1.

I'm not sure you're right, PP.

The vast majority of leases are contracts of adhesion. That is, the landlord uses a standard form or has his lawyer draft the lease. The tenant usually cannot negotiate the terms of the lease.

In general, courts interpret adhesion contracts strictly, and if there is any ambiguity, the terms of the contract are construed against the drafter, since he dictated the terms more or less unilaterally.

If the lease calls for 60 days notice to terminate, it should be construed strictly. Sixty days notice means sixty days notice, not 60 days if given on the first of the month, but 75 if given on the 15th, 89 if given on the second, etc. If the landlord intended for the tenant to vacate only on the first or last day of the month, that should be one of the terms of the lease.

Furthermore, it is my experience, and OP's as well, that landlords and tenants are more than happy to begin their leases mid-month. Not everyone moves on the first. If OP moves out on the seventh, the landlord has a week to fix up the place in time for a new tenant on the 15th.

OP, go ahead a pick a date to vacant and give your landlord written notice of your intent to vacate on that date. Be sure to send it with some confirmation of delivery, and be sure your landlord receives it at least 60 days in advance. If your landlord objects, it is incumbent upon him to point to some term of the lease violated by your mid-month vacate date as well as to put that objection in writing.

My suspicion is that your landlord won't bother. If he does object in writing, and if he provides some compelling evidence that vacating mid-month violates a term of the lease, you can then decide if it is right to stay put -- or at least pay rent -- until the send of September.

[Anonymous]

I am thinking your landlord might get mad with a mid-month end and "find" damages in your apartment and charge you for repairs. Make sure you go along with them for the walk through.