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OT- Can ya help?

Started by I cry_ in_the_dark, Jul 11, 2006, 09:59:40 PM

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I cry_ in_the_dark

Is this notice legal?  Researching, it is my understanding that a date to vacate must be present. As well, there is no reason as to why to vacate. It was found taped to the door.
7/10/2006
"First Name"
This notice is to inform you that this is your 30 day notice to vacate the apartment located at "Address". As long as the apt is cleaned and all trash removed and the carpets are cleaned you will receive your deposit back as long as a forwarding address is given.
You signed a 6 month lease in "Date" , as stated in your lease agreement after this time we may terminate the contract as long as a 30 day notice is given (Article 1 of your lease).

Hope you enjoyed your vacation! Thanks for your help!

socrateaser

>Is this notice legal?  Researching, it is my understanding
>that a date to vacate must be present. As well, there is no
>reason as to why to vacate. It was found taped to the door.
>7/10/2006
>"First Name"
>This notice is to inform you that this is your 30 day notice
>to vacate the apartment located at "Address". As long as the
>apt is cleaned and all trash removed and the carpets are
>cleaned you will receive your deposit back as long as a
>forwarding address is given.
>You signed a 6 month lease in "Date" , as stated in your lease
>agreement after this time we may terminate the contract as
>long as a 30 day notice is given (Article 1 of your lease).

My answer assumes that there is no statute in your jurisdiction that would override common landlord-tenant law.

A tenancy that is for a fixed duration is called a tenancy for years (even if it's for less than one year), whereas a tenancy that reoccurs upon a subsquent payment of rent is called a periodic tenancy (e.g., month-to-month). Because you agreed to a 6 month lease, payable monthly, you entered into a tenancy for years, which apparently has expired. Upon its expiration, it would ordinarily convert to a periodic tenancy for the same duration and terms as that of the lease (i.e., 6 months, payable monthly).

However, your contract apparently overrides common law and expressly creates a monthly periodic tenancy. A periodic tenancy can modernly be terminated with at least 30 days notice, but termination must be effective as of the last day of the periodic tenancy.

So, by example, if you are noticed on 7/10, and your rent is due on 7/11, then you must vacate the property by 8/10, which would be the end of the period.

If your rent was due on 7/1, and you are noticed on 7/10, then you must vacate by 8/31, because notice was insufficient. That is, any 30 day notice given on a date where there is not at least 30 days between the date of notice and the date that the next rent payment is due, is not effective notice.

As far as the official date of termination goes, the notice given you has an express date that can be calculated, once you know the date that rent is due, because the notice provides the date on which notice is given and the number of days notice being given.

In short, notice is legal, but you should clarify the landlord's expectations with a letter stating your opinion of when your last day is, and that is the date when you will vacate. Then, there will be no misunderstanding.