Can a landlord use an expired lease to determine when I can move out?
September 21, 2010 7:06 AM Subscribe
Does it matter when my lease began if I'm no longer under the lease, but still occupying the premises?
posted by slyboots421 to law & government (24 answers total) 2 users marked this as a favorite
YANML: I've been on a month-to-month renting basis in my apartment as of July 1, 2010 (after my year-lease expired). On September 15, 2010, I gave my landlord 30 days' written notice that I'd be moving out on October 15. He sent me back an email that said, "I need to look at your lease and see whether it starts on the 15th or on the 1st. If it's the first, you'd be out of there as of Nov. 1st. If it's the 15th, Oct. 15th. Either way, I understand the intent and we'll work out the details moving forward."
(I have always paid my rent on the first of the month, but I just found on a Michigan tenant site that Either the tenant or the landlord may terminate the lease by giving a minimum of 30 days written notice. The 30 days notice can be given on any day of the month, except when there is a lease clause which specifically states that notice of termination must be given on the first or last of the month. Which mine does not.)
I didn't reply to it, and a few days later he emailed me again with a copy of my lease attached, that said "Here's what I have for your lease, let me know where you stand and we'll go from there."
Well, where I stand is that I don't HAVE a lease, so it doesn't matter, 30 days is 30 days, and I'll be out. There is a whole litany of problems with this place which I have not been shy about with him (the most recent being a week without gas/hot water because the landlords didn't pay the gas bill for over 2 months). The apartment is pretty old and gross, and any improvements to it have been done by me and my boyfriend.
When I went to month-to-month this past July, I never signed anything, no agreements, etc. but the rent was raised by $40. So I've been paying the increase even though I'm under no signed obligation to do so, and thought the 30 days' notice was pretty considerate since I'm under no obligation to do that either.
I have an application in at a new place and don't anticipate any problems getting in there, and may even be able to move in on October 1.
So: If it goes the first way and I don't move out til the 15th, can they "come after me" since my non-existent lease began on the 1st? If I move out on the 1st, can they come after me for "violating" my 30 days' notice? I don't plan on paying any more, so it doesn't make a difference on that end. I guess my biggest concern is the 30 days notice. If I chop it to 15 days instead, is that a big deal? (I can't stress enough that I am under no written agreement to do anything at this point)