movin' on up!
January 16, 2009 6:30 PM Subscribe
Getting out of a rental situation ASAP and in to a new place due to a relationship ending... Am having problems figuring out when to give notice and get into the new place in a timely manner but not screwing anyone in the process. Probably a very simple way to do this, but I'm clueless!
I've just gone through a break-up and want to get into my own place very quickly. There's no sort of abuse or horrible things going on, it is just very tense and awkward as one can imagine. I'm currently sharing a room with my ex, and roommate in the other room. I'm on a month-to-month lease and I know that we have to give 30 day's notice to our current landlord.
All that being said, I want to leave before 30 days, or the 60 day's notice my roommate would like to give. I'm not looking to screw anyone, and I will pay rent both on my old place and a new place in order to give the legal amount of notice. I realize my ex leaving is an option but for lots of dirty house/environment issues, I'd rather be the one can go.
1) can I give notice any time in the month to my current landlord or does it have to be on the 1st or the 15th or...?
2) if I do leave earlier than my roommate and my ex, do I need to notify my current landlord? My other concern with this is that I can only expect that my new prospective landlords will be calling for a reference from my current landlord... Seems to me like I should be upfront.
3) when I decide on a new place, what is the best way to take possession of it? For example, if I decide tomorrow, 1/16, that I want this apartment, do I have to take possession and start paying rent on 2/1 or is there flexibility in that? Do you think if I wanted to take possession 2/15 or even 3/1 that would knock me further in the running against other prospective tenants?
4) I'm close with my current roommate but am worried about his lifestyle habits (drinking, etc). Part of me thinks I'm a bad person for not waiting around for him to find a new living situation, but I'm trying to take care of myself first. Any suggestions on how to handle this? He doesnt seem to be taking it well.
My emphasis is getting into my own, healthier environment as soon as possible, without completely making it hard on everyone else or screwing anyone.
Thanks!
I've just gone through a break-up and want to get into my own place very quickly. There's no sort of abuse or horrible things going on, it is just very tense and awkward as one can imagine. I'm currently sharing a room with my ex, and roommate in the other room. I'm on a month-to-month lease and I know that we have to give 30 day's notice to our current landlord.
All that being said, I want to leave before 30 days, or the 60 day's notice my roommate would like to give. I'm not looking to screw anyone, and I will pay rent both on my old place and a new place in order to give the legal amount of notice. I realize my ex leaving is an option but for lots of dirty house/environment issues, I'd rather be the one can go.
1) can I give notice any time in the month to my current landlord or does it have to be on the 1st or the 15th or...?
2) if I do leave earlier than my roommate and my ex, do I need to notify my current landlord? My other concern with this is that I can only expect that my new prospective landlords will be calling for a reference from my current landlord... Seems to me like I should be upfront.
3) when I decide on a new place, what is the best way to take possession of it? For example, if I decide tomorrow, 1/16, that I want this apartment, do I have to take possession and start paying rent on 2/1 or is there flexibility in that? Do you think if I wanted to take possession 2/15 or even 3/1 that would knock me further in the running against other prospective tenants?
4) I'm close with my current roommate but am worried about his lifestyle habits (drinking, etc). Part of me thinks I'm a bad person for not waiting around for him to find a new living situation, but I'm trying to take care of myself first. Any suggestions on how to handle this? He doesnt seem to be taking it well.
My emphasis is getting into my own, healthier environment as soon as possible, without completely making it hard on everyone else or screwing anyone.
Thanks!
Oh, and take this from someone who made the wrong choice (thought I had a good grasp of the law on my own), and wound up paying 4 times what he intended to in a similar situation. I should add that your grasp of the law seems even far more tenuous than my own was at the time.
posted by yurodivy at 6:42 PM on January 16, 2009
posted by yurodivy at 6:42 PM on January 16, 2009
A lot of this depends on the law of the state you are in. You should definitely contact a tenant's rights group in your area.
Most likely, you are not required to actually live in the apartment during the entire 30 days you're giving notice. In other words, you could give notice Feb. 1 for March 1, but actually move out on Feb. 2. I would be upfront with the landlord about it--just say you're giving notice, you'll be leaving in early February but you'll be paying through the end of the month/30 days. In some cases (maybe not this specific one), this would make it easier for them to show the place.
I'd think giving notice on the 1st or 15th would be easier since that's probably the terms of your lease and you'd have to pay pro-rated rent otherwise, but you can give notice for longer than 30 days too--ie, you could call the landlord right now and give notice for March 1. This is really up to your landlord so be upfront when discussing it with him/her.
When you find a place you like, talk to that landlord about the situation. My current landlord was willing to cut me a deal--I signed from the first of the month but didn't move in until the 10th, and he gave me 10 days credit on the rent, but still gave me the keys and told me I could move in whenever I wanted even if it was before the 10th. Landlords can be willing to negotiate when there's a deposit being put down right in front of them. If they're not willing to budge, you might need to pay rent in two places for a while.
Above all, do not take the advice of strangers on the internet--find a tenants' rights' group in your city or state and learn your rights. Be upfront with everyone you deal with and get things in writing. Good luck.
posted by peanut_mcgillicuty at 7:32 PM on January 16, 2009
Most likely, you are not required to actually live in the apartment during the entire 30 days you're giving notice. In other words, you could give notice Feb. 1 for March 1, but actually move out on Feb. 2. I would be upfront with the landlord about it--just say you're giving notice, you'll be leaving in early February but you'll be paying through the end of the month/30 days. In some cases (maybe not this specific one), this would make it easier for them to show the place.
I'd think giving notice on the 1st or 15th would be easier since that's probably the terms of your lease and you'd have to pay pro-rated rent otherwise, but you can give notice for longer than 30 days too--ie, you could call the landlord right now and give notice for March 1. This is really up to your landlord so be upfront when discussing it with him/her.
When you find a place you like, talk to that landlord about the situation. My current landlord was willing to cut me a deal--I signed from the first of the month but didn't move in until the 10th, and he gave me 10 days credit on the rent, but still gave me the keys and told me I could move in whenever I wanted even if it was before the 10th. Landlords can be willing to negotiate when there's a deposit being put down right in front of them. If they're not willing to budge, you might need to pay rent in two places for a while.
Above all, do not take the advice of strangers on the internet--find a tenants' rights' group in your city or state and learn your rights. Be upfront with everyone you deal with and get things in writing. Good luck.
posted by peanut_mcgillicuty at 7:32 PM on January 16, 2009
Yep, seeing an attorney is the way to go. But I'd be especially careful not to let the time constraints pressure you into signing the wrong lease. The real key to flexibility is leaving after 30 days notice, putting your stuff in storage, and renting by the week on Craigslist until you're sure you've found the right permanent living situation. Even staying at a youth hostel or residence motel would be better than saddling yourself with unbearable roommates. Trust me, I learned the hard way.
Getting rid of as much furniture and physical property as you can now will make everything easier, no matter what you do.
posted by aquafortis at 7:47 PM on January 16, 2009
Getting rid of as much furniture and physical property as you can now will make everything easier, no matter what you do.
posted by aquafortis at 7:47 PM on January 16, 2009
IANAL but this is not a situation that calls for wasting money on an attorney. By all means contact the tenants' rights group for your city or state but you don't need a lawyer to explain your lease.
It is generally 30 days notice from the 1st of the month, or whenever the start of your lease is. of course, this depends on the state, and it depends on the actual terms of your lease. Why does your roommate want to give 60 days notice? To be nice or something? Landlords rent apartments. That's their business. They're used to turning apartments over. If it's 30 days then it's 30 days.
It also depends on what kind of person your landlord is, and there are a lot of them who would be human if you called and explained the situation. I would, quite honestly, start there. I moved into a place once where a woman was leaving her SO and he had already gone, and the landlady told me point blank that she had just let them out of the lease because that seemed less of a risk to her than the woman staying on alone and trying to find a roommate (the landlady knew she couldn't afford the place on her own). So that is a place to start.
This is not a situation where you need to waste money on an attorney. What does your lease actually say? And if your landlord is a half decent sort, you can call them and say, I'm trying to understand the lease, I know it's 30 days' notice, does that mean if I give you notice on the 15th I can move out the next 15th or does that mean I have to wait until the 30th of the next month. Ask them. And if you don't get a good answer, or can't figure it out yourself, then go spend the cash.
All of this above will solve #2. Realize, of course, that moving out does not absolve you of your responsibility for payment of rent unless the landlord explicitly agrees to let you out of your portion of the lease. Landlords are not in the business of renting parts of apartments.
Taking possession: Landlords want money NOW. THey are not going to hold an apartment for you. Maybe there is some market somewhere that will let you rent an apartment for possession on March 1 but I don't know where that place is. Yes, it will knock you out of the running. As a real estate broker, my #1 question to clients was, "When do you need to move?" an answer of 'well i'm flexible" or "i don't know" would mean I would tell you that I didn't have the resources to take you as a client. Most management companies will similarly tell you to call 30 days out at the most. Again, maybe there is a market somewhere that will rent to you for April, but I don't know where those places are.
You are not responsible for your roommate's drinking problem. All you can do is be a stand-up kind of person and make sure you aren't leaving bills unpaid and giving adequate notice - and if you can't give adequate notice, then you need to say something like, "Hey, dude, I need to get out of here, I'm sure you understand that this is awkward and uncomfortable, but I don't want to leave you in the lurch, so while I'm going to leave on the 15th, I'm paying you the rent for the rest of the month just so you're covered". That is the type of thing you need to do.
posted by micawber at 2:04 PM on January 17, 2009
It is generally 30 days notice from the 1st of the month, or whenever the start of your lease is. of course, this depends on the state, and it depends on the actual terms of your lease. Why does your roommate want to give 60 days notice? To be nice or something? Landlords rent apartments. That's their business. They're used to turning apartments over. If it's 30 days then it's 30 days.
It also depends on what kind of person your landlord is, and there are a lot of them who would be human if you called and explained the situation. I would, quite honestly, start there. I moved into a place once where a woman was leaving her SO and he had already gone, and the landlady told me point blank that she had just let them out of the lease because that seemed less of a risk to her than the woman staying on alone and trying to find a roommate (the landlady knew she couldn't afford the place on her own). So that is a place to start.
This is not a situation where you need to waste money on an attorney. What does your lease actually say? And if your landlord is a half decent sort, you can call them and say, I'm trying to understand the lease, I know it's 30 days' notice, does that mean if I give you notice on the 15th I can move out the next 15th or does that mean I have to wait until the 30th of the next month. Ask them. And if you don't get a good answer, or can't figure it out yourself, then go spend the cash.
All of this above will solve #2. Realize, of course, that moving out does not absolve you of your responsibility for payment of rent unless the landlord explicitly agrees to let you out of your portion of the lease. Landlords are not in the business of renting parts of apartments.
Taking possession: Landlords want money NOW. THey are not going to hold an apartment for you. Maybe there is some market somewhere that will let you rent an apartment for possession on March 1 but I don't know where that place is. Yes, it will knock you out of the running. As a real estate broker, my #1 question to clients was, "When do you need to move?" an answer of 'well i'm flexible" or "i don't know" would mean I would tell you that I didn't have the resources to take you as a client. Most management companies will similarly tell you to call 30 days out at the most. Again, maybe there is a market somewhere that will rent to you for April, but I don't know where those places are.
You are not responsible for your roommate's drinking problem. All you can do is be a stand-up kind of person and make sure you aren't leaving bills unpaid and giving adequate notice - and if you can't give adequate notice, then you need to say something like, "Hey, dude, I need to get out of here, I'm sure you understand that this is awkward and uncomfortable, but I don't want to leave you in the lurch, so while I'm going to leave on the 15th, I'm paying you the rent for the rest of the month just so you're covered". That is the type of thing you need to do.
posted by micawber at 2:04 PM on January 17, 2009
If you signed a lease at the current rental, you may be responsible for rent for the balance of the lease. Read the lease. You have a legal relationship with the landlord, and the landlord doesn't have to accommodate your breakup if you signed a lease.
posted by theora55 at 3:09 PM on January 17, 2009
posted by theora55 at 3:09 PM on January 17, 2009
Is subletting an option?
I second talking to your landlord if s/he is understanding.
Til then, if you can move in with some friends or family, it'll at least alleviate the tension.
Um, the roommate - I'd let the roommate go and take care of yourself first. He will figure it out but there's no need for you to take on his problems (of finding a place) too or wait around for him to move out.
Leave as soon as you can and use your old landlords as references. Not sure if you're in a major city but if you aren't and you can rent a new place that's like private property (e.g. someone's condo or house that they are leasing out), they are often more understanding and will maybe even bypass the background check.
posted by HolyWood at 12:23 PM on January 18, 2009
I second talking to your landlord if s/he is understanding.
Til then, if you can move in with some friends or family, it'll at least alleviate the tension.
Um, the roommate - I'd let the roommate go and take care of yourself first. He will figure it out but there's no need for you to take on his problems (of finding a place) too or wait around for him to move out.
Leave as soon as you can and use your old landlords as references. Not sure if you're in a major city but if you aren't and you can rent a new place that's like private property (e.g. someone's condo or house that they are leasing out), they are often more understanding and will maybe even bypass the background check.
posted by HolyWood at 12:23 PM on January 18, 2009
« Older How do I get him to lay his cards on the table? | The fine line between googling and stalking Newer »
This thread is closed to new comments.
Whether it's a cheap attorney, or a more expensive one that offers a free consultation. Your case doesn't sound terribly complex, and either way you go (cheap attorney vs. more expensive but with free consultation) your risk will pretty much be zero. If, on the other hand, you rely on the hive mind to answer you, you risk owing more money than you imagine. Think about it; if you botch your move-out notice, you could owe several month's rent before your landlord gets around to asking you "what's up?" If you do it right (i.e. SEE AN ATTORNEY!), you'll owe the minimum, whatever that may be. Even if your attorney screws everything up, you'll sue him and still wind up paying the minimum. It's the only sensible option.
posted by yurodivy at 6:39 PM on January 16, 2009