Okay this may be a little long and confusing but I appreciate any info I get out of this.
My sister has been living in a fourplex for the last 2 years. Her lease has been up for 2 months and her landlord sent her the paperwork for renewal but she never signed it or sent it back.
In the meantime, she has found a duplex close to me and they have recently put in new flooring and repainted it and it's in excellent condition. It's a perfect neighborhood and will have a small yard for my niece to play in. It's the same price she has been paying and it will be ready to lease Saturday so we have to move fast.
This is the deal. My sister's rent for her apartment is due on the 3rd and she would really like to move before then so she doesn't pay a month's rent for nothing. Does she have to give her landlord 30 days notice even if she does not have a signed lease?
yes,she is supposed to give notice. After your lease is up you are mth to mth until you sign another lease.
I believe it is the right thing to do to give 30 days notice. If the duplex next to you is still for rent then have her put down a deposit to hold it for 30 days. Also she should call her landlord and tell him the situation maybe they will not mind her leaving without a notice.
YES, she should definately give notice, but a deposit on the new place should hold it for 30 days if she's been approved for it.
In my experience, the short answer is yes, she does need to give the minimum notice required in her original lease.
More importantly, she should read her lease as it will probably state in there that once the lease expires, she is on a month to month lease and it usually states the rate at which a month to month lease will continue. Occasionally, the month to month rate will be more and if she hasn't signed the lease, and is paying month to month, she may not be paying the minimum amount she should and the landlord may come back after she puts in her notice and request the back-owed (sorry I know that's not a word) rent. There may be nothing at all in her lease about what happens when her lease expires, but she should still read it to be sure.
Oh, and as an owner of a rent house, in today's market, if I could get a deposit on my rental and a signed lease, I'd hold it for 30 days no problem. So she probably wouldn't have a problem with getting the new property if she went that route.
I believe she has to give the notice but if she & the landlord are on good terms then maybe she can call & explain the situation. They may not have a problem with it her leaving now & not push the issue. I would say though that if that is the case then she probably won't get any deposit back and her being willing to give that up may be an incentive to the landlord to let her out now. Hope it works out!
I'm pretty sure that she must give 30 days notice even if she is month to month. The lease just protects her from having the rent raised for that amount of time and having the landlord rent to anyone else during that time.
