Hello,
I am looking to speak with you in regards to my tenancy of a property and my legal obligations when vacating the premises. I was in a 6 month lease which expired in June of 2015. Since then I continued to pay the landlord to reside in the apartment on a month to month basis, with no signed documentation. I recently decided to move and presented my landlord with written 30 days notification with my intent to vacate on April 15, 2016, which would conclude my residency on May 15, 2016, due to mold and moisture in the air. In response, to my letter I received a response stating I am still responsible for the full month of May due to rent being due on the 1st of each month. Although, I gave 30 days written notice for April 15th-May 15th. When I initially moved into the apartment, my rent was prorated from November 15, 2014-December 1,2014. Therefore, shouldn't the same be done for May 1, 2016- May 15, 2016? Can you please advise me on the necessary steps to take to settle this case?
Each state has different rules and I do know that some states only allow the move on the first. You will have to look up your state's property laws and figure out what your state says...but I'll bet your landlord knows already and you might only be able to give notice on the first when your rent is due. I didn't read it all.....Be sure to give notice in writing. Here's a hint...if there is a lot of moisture in the air, mold will form. You are responsible for cleaning it with a spritz of 50/50 bleach and water. If you don't clean, I count it as damage. But I just had a tenant tell me that the bathroom ceiling over the shower was getting moldy. We spritzed it lightly twice a day and it went from black back to white. Bleach kills mold. All I had to do was seal the paint again and the sealer matched the ceiling paint perfectly. You need to keep air moving if you have a lot of moisture in the air. I bought my tenant one of those window fans that will come on automatically when the temp reaches a certain temp. That bathroom is terribly hot and humid and the fan and bleach did the trick.
Each state has different rules and I do know that some states only allow the move on the first. You will have to look up your state's property laws and figure out what your state says...but I'll bet your landlord knows already and you might only be able to give notice on the first when your rent is due. I didn't read it all.....Be sure to give notice in writing. Here's a hint...if there is a lot of moisture in the air, mold will form. You are responsible for cleaning it with a spritz of 50/50 bleach and water. If you don't clean, I count it as damage. But I just had a tenant tell me that the bathroom ceiling over the shower was getting moldy. We spritzed it lightly twice a day and it went from black back to white. Bleach kills mold. All I had to do was seal the paint again and the sealer matched the ceiling paint perfectly. You need to keep air moving if you have a lot of moisture in the air. I bought my tenant one of those window fans that will come on automatically when the temp reaches a certain temp. That bathroom is terribly hot and humid and the fan and bleach did the trick.
You do not say were you are located. If in the US.
CA & OR are the only 2 states that allow to the day notice & require prorating rent. In all other states notice must be given on or before the 1st & you must pay the full month rent.
No, any presence of mold has no effect on required notice or prorating rent. With no lease it does not matter why you are moving out. You simply give proper notice & move out.
Only California allows you to move 30 days from the date you give notice. All other states you must give notice before rent is due of your final month. If rent is due on the 1st, any notice you give this month is valid for the end of May. They are not required to pro-rate your rent if you chose to leave before the end of May, you still owe for all of it. Moving in is pro-rated since your lease started after the first. If you wanted to leave mid-month, you should have given notice before the first of April and get permission to stay beyond the first of May.
They pro-rate it for you because you start paying when you move in/when the lease starts. You have to give 30 days' notice to the end of the month. If you give notice mid-month, then the 30 days begins on the first of the following month. If you intend to vacate on April 15, you have to give notice no later than the end of February so, the month of March would be the 30 days you were required to give. Giving extra days are allowable. Giving fewer days is not. When you pay by the month, you have to give notice of 30 days "within the same month".
My reason for moving is due to mold and moisture in the air. Isn't there something to protect tenants in this type of situation?
Rent due on 1st, then you need to give your 30 days notice from the 1st........ the landlord helping you by allowing you to move in and pay prorated from 15 of the month instead of 1st Dec benefited you, he/she doesn't have to do that they could have said move in date 1 Dec, they choose not to do it again
Rent is from the first to the first. If you live in an apartment for 1 day,you must pay the whole month.
Rent is from the first to the first. If you live in an apartment for 1 day,you must pay the whole month.
The 30 day notice MUST coincide with the rent due date. The fact that your first month's rent was prorated is irrelevant.