I want to give my 60 days notice to vacate but worried about problems... We are not currently on a lease....?

Question

My husband and I have rented a house for the last year and we were on a year lease. In the contract it states that you are to give 60 days notice before vacating. With that being said.... our lease was up last month and we called several times to see about renewing it (at the time we did not know we were going to be moving) they kept advising us that they would get back to us. We still have not signed anything so right now I guess it is a month to month situation.

We are going to give our 60 days notice but I am worried what they will try an do. Like I said we are not on a lease but we are supposed to be. Someone in the rental office is just not doing their job correctly. The neighbor across the street is having the same issue.... their lease was up in May and they have also called and gone to the office in person.

I am trying to find out what the laws are.... I know I have not signed anything renewing the lease but we also did not give 60 days notice before the end of our

Answer 1

Landlords can try to rip you off a number of ways.  Best thing to do is take pictures and do a "walk out" with them in the place on the last day of moving to ensure there's no problems.  Take a video camera with you if you feel there's going to be trouble.

Also, you ARE required to give 60 days written notice if that's what your original lease said.  As for the deposit, like I said, they can make up all sorts of things, so make sure you do a final walk through and take pictures if you are afraid they are shady.

On your original lease, it should have stated in writing if a part of the deposit was going to be non-refundable or if it was going to be refundable.  Good luck!

Answer 2

When the lease is up you are no longer under contract. So to be courteous give 30days minimum notice.

Answer 3

You are right, laws vary in by state. You should put your notice in writing. If you have paid a security deposit, be sure to take pictures of the home at the time you leave, and insist that someone from the rental office sign off that you are leaving the premises in good condition. Sometimes, landlords try to keep the security deposit to use it to pay for preparing the premises for the next tenant. That is why some renters stop paying the lease and use up the security deposit as the last month's rent. Your lease is still in force if it is month to month, for everything but a termination date. Be sure to put everything in writing and take pictures when the home is cleared of all personal property. good luck in your new home.

Answer 4

you lease has ended.  the terms of the lease (specifically the 60 day notice) is no longer necessary.  i assume that for the month following the end of your lease you have made payment, and that it has been accepted (cashed).  with that payment you are on a month to month (unless specifically addressed otherwise in your signed lease).  this means only 30 days notice are required - in writing, either your notice or their notice.  it also means your rent is the same as during your lease until you sign something otherwise.

sounds like they won't "try" anything.  apparently they can't even get their act together to draw up a lease.  but just in case, take photos with a current newspaper in the picture if necessary.

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Answer 5

Does your lease have a clause regarding month-to-month? I reccomend that you look for one and read it thoroughly. I am a FL landlord, a district manager for an apartment community management company, and the FL landlord/tenant law for month-to-month leases is that either party can terminate with only a 15 day written notice. They may have rights to collect a month-to-month fee, if it is stipulated in your lease. You will still be entitled to your deposit, minus any charges for damages or cleaning.