OT - Tenant rights

  1. You have chosen to ignore posts from kmt09. Show kmt09's posts

    OT - Tenant rights

    So, DH and I are becoming homeowners in a few weeks!!!  We put an offer in on a condo over the weekend, and it was accepted.  We're so excited! :)

    We currently rent an apartment (month-to-month with a lease), and I've already put together my letter of intent to vacate.  We're closing on October 15th, so we'll be keeping the apartment until October 31st.  Here is my question:

    Under the lease, the complex requires a 60-day notification when you vacate.  Our lease ends on October 31st, and I haven't signed anything for November 1st on.  A few people I talked to say this means we become a tenant-at-will, for which only 30 days notice is required.  Is this correct?  Will we be able to just pay for the month of October and be done?


    I know there are a few lawyers on the boards, so I'm hoping you ladies will chime in and let me know what you think.  :)

     
  2. You have chosen to ignore posts from pinkkittie27. Show pinkkittie27's posts

    Re: OT - Tenant rights

    As far as I know, if your lease is already set to terminate on October 31st, then you just need to pay for October and that's it. (unless you paid last month in advance)
     
  3. You have chosen to ignore posts from trex509. Show trex509's posts

    Re: OT - Tenant rights

    Hi KMT!  CONGRATS!!!  That is so exciting!  I'm so happy for you guys!

    That's interesting about your apartment.  I don't know the answer, but when I moved out of my complex, I had the same thing.  I didn't know any better, so I paid for 60 days after my letter (to the day), even though I moved out earlier.  Darn!  Hopefully you can get out with just paying for October.  Good luck!
     
  4. You have chosen to ignore posts from lucy7368. Show lucy7368's posts

    Re: OT - Tenant rights

    When you hire your lawyer for the closing, you might want to ask him to take a look at the lease for you.  If you have to give 60 days notice that you're not renewing the lease, the complex could make you pay for November, too.  I would have to see it, though.

    Anyway, congrats!
     
  5. You have chosen to ignore posts from ajuly09. Show ajuly09's posts

    Re: OT - Tenant rights

    If you are a month to month tenant I think that would give you grounds to pay for the last month that you will be there.  My family owns apartments in Boston, and people have given not really any notice at all and pay for the time they are there and just leave.  What I have learned from the business is that you can really do what you want, becase a landlord is going to have to pay a TON to get a lawyer to do anything about it, and it is not worth the time or effort.  Even with a signed year long lease people back out all the time and break the lease.  If you are month to month i would NOT pay for the month you are not there even if it is in the contract...just let them know asap you are paying for your last month. 
     
  6. You have chosen to ignore posts from dkb6248. Show dkb6248's posts

    Re: OT - Tenant rights

    In Response to Re: OT - Tenant rights:
    [QUOTE]If you are a month to month tenant I think that would give you grounds to pay for the last month that you will be there.  My family owns apartments in Boston, and people have given not really any notice at all and pay for the time they are there and just leave.  What I have learned from the business is that you can really do what you want, becase a landlord is going to have to pay a TON to get a lawyer to do anything about it, and it is not worth the time or effort.  Even with a signed year long lease people back out all the time and break the lease.  If you are month to month i would NOT pay for the month you are not there even if it is in the contract...just let them know asap you are paying for your last month. 
    Posted by ajuly09[/QUOTE]

    This depends on if the apartments are managed by a person or a company.  If her apartment complex is managed by a company, then they most likely have a lawyer at their disposal.

    If you are a tenant at will, I believe you only have to give 30 days, but I don't know that for a fact.  I am currently a tenant at will and will hopefully be able to give my landlord 60 days when we find a house, but if I can only give 30 than that's all I'm giving him.  That being said, my landlord is just some old guy who owns the 3 family I live in. 

    Congrats KMT!  That is so exciting!
     
  7. You have chosen to ignore posts from kmt09. Show kmt09's posts

    Re: OT - Tenant rights

    Thanks everyone for all the congrats and the advice!  :)

    I just mailed them my letter of intent to vacate, so we'll see what they say tomorrow when they get it. 
     
  8. You have chosen to ignore posts from wendy98. Show wendy98's posts

    Re: OT - Tenant rights

    In Response to Re: OT - Tenant rights:
    [QUOTE]Thanks everyone for all the congrats and the advice!  :) I just mailed them my letter of intent to vacate, so we'll see what they say tomorrow when they get it. 
    Posted by kmt09[/QUOTE]
    KMT I hate to be a downer espcially since buying is so exciting.  But did you check the management company of the condo?  I just sold my condo and DH and I bought a single family.  And well if I saw an association that was managed by the same company as the one I just left, I would run from it.  I know not all mgmt companies are bad, my counsin's had a great one that I tried to get my association to bring in but they wouldn't and honestly it was one of the biggest reasons we sold.

    Friend me if you want more info about my former mgmt company.

    In any even seriously congrats that is so fun.
     
  9. You have chosen to ignore posts from framerican51008. Show framerican51008's posts

    Re: OT - Tenant rights

    Congrats KMT!  I agree with dkb that either way you can probably get away with only 30 days notice.  I hope that doesn't make me completely immoral :o)
     
  10. You have chosen to ignore posts from kmt09. Show kmt09's posts

    Re: OT - Tenant rights

    In Response to Re: OT - Tenant rights:
    [QUOTE]In Response to Re: OT - Tenant rights : KMT I hate to be a downer espcially since buying is so exciting.  But did you check the management company of the condo?  I just sold my condo and DH and I bought a single family.  And well if I saw an association that was managed by the same company as the one I just left, I would run from it.  I know not all mgmt companies are bad, my counsin's had a great one that I tried to get my association to bring in but they wouldn't and honestly it was one of the biggest reasons we sold. Friend me if you want more info about my former mgmt company. In any even seriously congrats that is so fun.
    Posted by wendy98[/QUOTE]

    Wendy, you can email me at kmt8809 at yahoo.com.  I'm curious to hear which association managed your condo, and I really hope it's not the same one!

    However, DH and I know quite a few people who live there now, and they have no complaints at all.  I'm hoping it's the same for us.  :)
     
  11. You have chosen to ignore posts from kargiver. Show kargiver's posts

    Re: OT - Tenant rights

    The answer about the terms of "at will" should be in the lease itself, or you can call the rental agency and find out. 

    Keep in mind that your rent for Oct might be very high.  That's because usually a lease is a considerable amount less per month than the market value for the apartment you'd pay for going month to month.  Plus, they usually tack on another couple hundred for the "privilege" of living there without a lease.

    The cost for going month to month should also be in your lease.  It might say market value plus $200.  You have to call and find out what market value is if that's what it says.

    Best and congrats on the house!!!

    ~kar
     
  12. You have chosen to ignore posts from lizinboston. Show lizinboston's posts

    Re: OT - Tenant rights

    Congrats on the house! Have no advice though, because I have absolutely no idea!
     
  13. You have chosen to ignore posts from ilovebeagles. Show ilovebeagles's posts

    Re: OT - Tenant rights

    The 60 days only is for the month to month part of the lease -meaning you can vacate at any time during that lease period but need to give them 60 days notice

    BTW- That erases the whole point of month by month tenancy but thats another matter. In a month by month, you are supposed to only need to give 30 days, but since you signed a lease stating otherwise, never mind.

    Since your lease is ending October 30th, you have no obligations to them past that date, unless the lease states otherwise.
    The company should have sent you a form last month asking your intentions, but they cannot hold you longer than October 31st in rent without it in writing and a modification signed by you.
    Since you didnt do that, you are outta there on October 31st.
     
  14. You have chosen to ignore posts from framerican51008. Show framerican51008's posts

    Re: OT - Tenant rights

    On a completely separate note, my upstairs neighbor was evicted for not paying rent last night.  There was a knock at our door and it was her and the landlord asking if one of us would mind "witnessing" her signature on some form.  DH closes the door and says, "That was an eviction notice!!!"  Before you go feeling bad for the woman, I'm pretty sure she is a druggie so that explains that.  I will be very glad to not have her friends in and out of the house anymore.  We thought we moved to a nice town, but we have been surrounded by weirdos ever since we moved in!!
     

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