one month notice..mean 30 Days or till month end

14 Replies

Hi, 

We are almost done with our first home purchase, Lender told us that closing might be done in 2-3 weeks.

So, Just wondering, should I give notice now.

I am renting on month to month basis, with no active lease.

So, If I send landlord Notice/email on 11/03, that Sunday, December 04 will be my last day then will landlord will expect 4 days rent for December or for entire month.

Thanks

I am in Bayonne, NJ. I guess this should be generic same answer for whole country, not for North jersey like Newark, Jersey city, Union city etc.

30 days notice is the end of the rental period not when you give notice so Dec 31 would be your last day

Agreed, you have to give notice "30 days prior to the first of the month" to be effective the following 1st of the month.

Thanks @Steven Picker , then Landlord will start showing home to new expected tenants.

Can we limit him to start showing until we vacant or since December first, instead of almost 2 months.

Check your lease it might have a showing clause ,but the good news if you cooperate and  a new tenant is approved to move in before the end of your lease you would not be liable for the full amount Landlords can not charge twice for the same occupancy 

we have signed lease 6 years back that expired after one year,so now no lease, we are on month to month .

Hi @Darren Sager , it also depends how good you are as a tenant, I lived as a tenant for around 11 years, and almost never called landloard for any issue, tried to solve the issue by myself as more as possible. my landlord always feared "If I  left"

More than likely your original lease had roll over clause that said it converted to a month to month after original term so ya you more that likely still are lease bound.

Give proper notice which is written. put it in the mail to the landlord. post marked at least 1 day prior to the last day of the month that you will be vacating effective December 31st by 12 noon. And include a forwarding address, it doesn't have to be your new address just somewhere you can get mail. Put in your notice you have XXX as a security deposit and this is the address it should be sent to.

You can ask landlord to do a walk thru for your security deposit so you'll have idea of what's required to be done before you vacate. 

You can of course also email it but follow the terms written in your lease as how to give notice. And ask for confirmation that your notice was received. 

The landlord can show your apartment with 24 hour notice so the better you have it looking the sooner it will get rented. 

Good luck on your move 

Hi Friends @Deanna McCormick , @Darren Sager , @Steven Picker , @Wayne Brooks

 one correction, I was reading last lease I got from landlord, however no body signed it.

it says "30 Days" notice, so it's not 1 month,

this mean I can give notice on Nov 4th and , vacate on Dec 4th, so I don't have to pay rent for entire month of December...right?

No.  By state law you're on a month to month lease, with that notice provision, no written lease necessary. To help you understand.....if you have a one year lease, obviously your lease ends on a ser specific day.  Once you have no annual lease, by law you automatically go to a month to month lease.  In this case, your lease expires on the last day of the month, each month it is in effect.......but the last automatically renews for another month, if no notice is given by either party, 30 days prior to that end of the month date.  So, you have missed the 30 day time to cancel effective 11/30/16, so it has already automatically renewed until 12/31/16.

You know what , why don't you ask your land lord what he will accept, and figure it out from there.

I do believe I gave you the process you could expect and need to follow. 

Month to  month is still considered a lease term.

when is your rent due ?? ON the First of the month??

Then your term for rental starts on the 1st of the month and ends on the last day of the month.

You would be required to give notice prior to the 1st day of the month to be proper notice. And because it's already November you missed giving notice on October 30th. that would have let you out of the lease on  November 30th.. you'd not have a roof over your head for 4 days in December.

If you give notice now you'll need to pay December's rent, you can have time to move, and if you vacate early your land lord could rent earlier and reimburse you for days he rents to someone else, but he's not required to. 

Hope this makes sense, you seem to want to try and make it the best situation for yourself, which isn't always possible, just be happy your on a month to month term and can move out soon and you found a home, believe me closing don't always go smooth, you could get extended and at least this gives you option for a roof over your head until you get your new set of keys.

@Raj G. , I second everything that @Deanna McCormick said, except the part "...if you vacate early your land lord could rent earlier and reimburse you for days he rents to someone else, but he's not required to. ..." He actually is not allowed to collect double rent, so the sooner he can rent it out, the less time you are on the hook for paying rent when you aren't living in the property. If he can get it rented out so the new tenants move in on December 1, you'd be off the hook for the entire month of December.

However, you ARE responsible for the rent in December. 30 days notice, like @Wayne Brooks   said, means the end of the rental period. If you were on a week to week basis, you would have to give 7 days notice, and that would end at the end of the rental period of one week.

It should be interpreted as at least 30 days notice. 

Mindy Jensen, Real Estate Agent in CO (#FA100049656)

Yes land lord cannot collect double rent if you vacate early, but he could also use the extra days if you turn your keys in early, to clean and make ready the apartment for next tenant.  

So if you turn your keys in early I'd ask for some type of compensation for doing that. 

He may choose to hold off showing until you vacate, or has right to show while you live there with 24 hour showing  notice, he has no legal responsibility to make any effort to rent apartment if you leave early. but must repay any double rent back to you if he rents out before Dec 31st and lets new tenant in.

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