What if I don't give 60 days notice before moving as I agreed to do in writing?

Question

I agreed to 60 days notice, instead of 30 days, before moving when I signed my current lease. I did so as a courtesy because landlord has been prompt concerning necessary repairs during my 4+ year rental period. I've always paid my rent on time & never bounced a rent check. Then I lost my job on June 19. I informed my landlord of that fact on June 19 when I gave notice that I would be moving. I paid July rent on time. Landlord could not advertise or show the apartment until July 11 due to substantial repairs that were in process caused by a leaking bathtub in the unit above mine. (The water damage had occurred a few days prior to my giving notice.) 22 days were lost while repairs were finished before unit was listed for rent & for sale. I'm moving out July 27 & believe landlord may expect rent at least thru Aug 16, which would be 60 days. Any chance he will waive that? He has one month sec dep. Apt has been inspected & I was told I'll get sec dep back due to excellent condition.

Answer 1

If they are giving you the security deposit back they are probably not expecting anything more from you. If they were worried about you leaving early, they would keep your security deposit.

Answer 2

If you agree in writing to give 60 day's notice, you are liable for two months of rent from the day you give notice.

Answer 3

You'd owe 1 more month's rent.  You could stay there and "live it out" if you pay.   Many landlords won't penalize you if you give 40 days notice instead of 60 days.  They just need to get ready to re-rent it and they don't want 24 hour notice and a "good bye".

Answer 4

You may be in for a surprise, depending on what state you live in. Most states require that the 60 days notice coincide with the last day of a rental period.

If you gave notice on June 19, it would not go into effect until June 30, leaving you liable for rent through the full month of August.

Answer 5

I'm sorry to hear about your job.  You are obligated to pay through Aug 16th.  That doesn't mean he will hold you to it though..

Try writing him a letter, stating your situation, and asking if you could be let out early.  Writing the letter instead of confronting him in-person will make it less awkward for you, and give him a chance to think it through.  You've been a good tenant; I'd be suprised if he made you pay that extra month.

Good luck!

Answer 6

If your landlord feels that next months rent is quite important and since you did sign a contract that you'd give them 60 days notice, they are more than capable of taking legal action (at the most  exagerated instance).  And if that were to happen, the judge would rule in your land lords favor.  However, since your history with the landlord is most favorable, try discussing with them what they expect from you.  They may very well agree that August is not due (which I'd also get in writing for legal purposes) and still hand back the sec deposit.

Answer 7

You will lose your security deposit... bottom line.