Question:

My apartment lease didn't specify that I have to give the 30 day notice while moving out, but landlord asked 4

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Can I bring this up to him and maybe able to move out without that notice?

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  1. If the lease period is not stated, a month-to-month tenancy is implied.   Which means  a 30-day notice if you want to leave, and visa-versa, landlord has to give YOU 30 day notice if he wants you to leave.  Fair enough?


  2. I would talk to the landlord or get the real estate too. Should be ok if you have been there for the specified lease time. a week or two notice would be polite though.

  3. Look up Idaho Landlord Tenant laws.

    55-2010.

    A tenant shall notify the landlord in writing thirty (30) days prior

    to the expiration of a rental agreement of an intention not to renew the rental agreement.

    This is very clear, the law requires 30 days prior to the expiration of the rental agreement. It does not need to be in the lease, it;s the law.

    Also, for month to month tenancies, this law makes it clear that notice must be given by the 1st of the month - not mid month or any other day.

    It needs to be 30 days from the expiration of the agreement. Since month to month tenancies expire on the last day of the month ... tada! ... notice must be given on the first.

    BTW, very few states allow the 30 day notice to be given on any day of the month..

  4. No the 30 day notice is standard law in every state. You must give a minimum of 30 days or you can be sued.

  5. Thirty day notice is standard if you want to get your security deposit back.  The Thirty day notice does not have to be from the 1st to the 1st.  Let's say you give your notice today 15th of July.  You have paid your rent on July 1st, at the end of the month you would pay from August 01-August 14th.  

    So many people think that you can only give your thirty days notice on the 1st--that is not true.

    Make sure that you give your 30 days notice in writing.

  6. Are you trying to break your lease or is it expiring?  Check the exact wording in the agreement.  Also find out if the lease "automatically" converts to a month to month tenancy regardless of whether or not it's stipulated in the agreement.  This would be a state law.  If not and it's not specified in the written agreement your landlord can't just make it up as he goes along.  That's why you have a rental tenancy agreement- one that is signed by both you and the landlord.  4 months sounds ridiculous!

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