I am buying a house and I am not sure what to do about my apartment. They want 60 day notice + 2 months rent?

Question

I have thought about finding someone to rent it but am afraid they will mess up the apartment. I don't know what else to do. i mean i am tryimg to do it the right way but they are making it impossible. i asked them 2 months ago what would happen if something happened and i needed to stay a little longer like if something happened and closer got pushed back. would i be able to stay a little longer i was told no. i can't afford to have no where to go as i have children and cany afford to put my belongs in storage and pay to have everything moved again. what should i do? I am thinking that they are going to take my security deposit anyway as it is no where near a 60 day notice plus when the bank called to get a rental verification they charged them $25. I thought this was retarded. I was going to just go ahead with moving and once everything is cleaned tell them i am leaving. I just don't want any confusion with them right in the middle of everything else i have going on. Help!!!!!!

Answer 1

Does it say you must give 60 days notice in your lease?  If not, then 30 days will be fine.  If it does then you should have asked them to correct it before you sign it.  30 days notice is sufficient, they only ask for that much hoping you'll leave in 30 days and they'll have an extra month's rent.

Answer 2

I agree with the other answer, most places only ask 30 days.  Check with your state and local ordinances, sometimes they limit what landlords can get away with.  Even though they say you can't stay longer, it would take at least 30 days for them to legally evict you, so don't sweat the small stuff.  Do let your Escrow agent know that your landlord is being completely unreasonable and that you want to do anything you can for Escrow to close on time.  Also, if people are living in your new home, have your agent let their agent know that no dawdling will be permitted.  They have to be OUT!!  Good luck,  we've been in our new home for almost three weeks and it is heaven!!

Answer 3

Actually, you need to post this in Law & Ethics, not in Etiquette.  And when you post the question over there, be sure you include what city and state you live in.  You'll notice that you've gotten at least one answer here that says, "Oh no, 30 days notice is all the law requires."  That might be true in the city/county/state where that particular answerer lives, but that doesn't mean it's true where you live.

Here's the deal.  You signed a lease for your apartment.  In that lease are provisions for moving out early - also known as breaking your lease.  If your lease says you must give 60 days notice, then you have to give 60 days notice.  The lease will also say whether or not you lose your security deposit for moving out early.

You may be able to sublet your apartment for a month or two.  You'll have to read your lease.  Subletting can be a real headache.

Again, if you want to know what your legal options are, re-post your question in Law & Ethics.  I've been in the spot you're in.  It's unpleasant, and it's nerve-wracking, and there's no good solution when you find out a week before closing that something is wrong with the paperwork or the appraisal and everything has to be pushed out an extra week or two.  You need to get an opinion from someone who is familiar with the laws in your city and state, because those laws determine what your options are and aren't.  Our anecdotes don't mean a thing.

(For the record:  I have lived in apartments in 5 states and have seen leases that require as little as 14 days notice prior to moving out, and I have seen leases that require 120 days notice.  All perfectly legal.)

Answer 4

If your contract with the apartment owners was for a month-to-month rental, then you only have to give 30 days notice.  If you signed a lease for a year (or longer), then you should serve out your whole year or pay for the time difference.  That's what contracts are all about. And many leases do not allow you to sublet to someone else.  HOWEVER, once you have signed a mortgage agreement with the bank and have the keys to your new house in your hands, there is little the apartment owners can do except try to take you to small claims court for the remaining rent--and they probably won't want to waste their time and extra money to do that.  But, if they are doing mass small claims cases they might.  If you feel sure they won't sue you, then just move out and send them a termination notice--you'll lose your deposit but it may be worth it (and since you'll not be getting your deposit, you don't necessarily have to clean up the place).  But you'll not be able to use that rental owner as a future reference for anything.  It's up to you what you feel comfortable doing.