Hi. Jilly here. I wanted to move at the beginning of October but the lease says I have to give a full calendar month notice. Explained I was bothered by that because I was asking the landlord about renewing here before the lease went to month-to-month but they didn't tell me until August 29th that they want to be month-to-month now. So I found somewhere to live and paid the deposit there but don't pay the rent until i get the keys. Now this landlord came back and said they will to allow to me move out to the new place by the end of this month September, BUT will keep the deposit. Should I do this or just stay until November first and get the deposit back? If I moved on October 6th like I wanted I would have had to pay the prorate for both places which was almost as much as the rent here. If i stay until November 1st then I pay the rent in October but will get my deposit. I am having trouble figuring this out on my own. What is the best advantage please? Kindly help. Thank you.
Deposits are normally first and last months rent.
Sounds copacetic to me.
If you want the convenience of the overlap, you have to pay for it.
Good luck!
I would rather get my deposit back. November is just a few months away. THese days, any type of financial break I can get, I take it.
I guess it would depend on how badly you want out.
Welcome to mamapedia!
I'm sooo confused! Did you not read your contract before you signed it? If they went month-to-month - they should have renegotiated the contract with month-to-month terms.
So what would I do? I would change my move date if the deposit means that much to me. Give notice for 31 October. Move in to new place 1 November.
If you moved on Oct 6 and paid the prorate for both places, would that not be almost a months rent at the new place and just a small amount at your current place? If your rent is, say, $900 a month at your current place, that would be (900/30=30) $30 per day for 6 days, which is $180.
It seems like giving one months notice today and moving on Oct. 6, would make both you and your current landlord happy, especially if your soon-to-be landlord is ok with you moving in in the middle of the month.
If the new place will wait without an extra deposit this is a no brainer, stay the month.
It is probably in your current lease that you need to give 30 days notice to vacate which would stay the same when switching to a month to month. I always have that in mine. Your current landlord has the right to keep your deposit if you move out with out that time given.
Ask the new landlord if they will hold the deposit for you to move in for November. I have done this with some of my rentals as long as the background and credit checks came back ok.
Or you can pay both rents and take your time moving from one to the other, but that can be costly.
well, why should your landlord have to go without income? you know the terms of the lease and should abide by them. will your new place wait? if not, i'd suck it up and let the deposit be your last month's rent at the old place.
khairete
S.
Honestly, I would have checked the terms of where I currently lived before I started looking for another place - so I knew what time frame I was working with.
I would ask the place you are now if they can prorate you until the 5th/6th of October, since you are only a few days in, but I'm not sure how well they will work with you.
If you can't get out of it, I'd probably stay through October and pay for both places. This will give you time to move without being rushed and give you plenty of time to clean. However, don't expect your full deposit back. Sometimes people expect it all and the landlords find the stupidest reasons to keep it all.
Hi there, I work in the apartment industry. If your lease states that you are required to give a 30-day notice then you have to give notice regardless of when your lease ends. If you don't, and you move-out and don't pay rent they will consider you "skipping" and therefore you will forfeit your deposit. In most cases you will also be charged a reletting fee which can be up to 85% of one month's rent. I would give the 30 day notice and move out at the end of that. No point in losing positive rental history over a few days rent (if someone was to check your rental history this landlord could say you left and never gave notice). So by giving 30-days notice you keep your deposit and positive rental history. Just my .02
Why are you in such a hurry? I think since it's only a month difference, I would just wait and get my deposit back.
Are they saying hat your 30 day notice must be given on the 1st of the month? I am an apartment manager and our company accepts 30 day notices any day of the month and they pay a prorated amount for the days in the month. But yes, you always must give proper notice.
You have to give notice based on the terms of your lease.
The decision is easy if you just do the math. Which will cost more? Losing the deposit or paying double rent? Either way, it's going to cost you. Just figure out which way will cost less and do it that way.
You need to read your lease carefully. The last apartment we rented required a 30 day notice but it had to be submitted the day before the following month. So, if you wanted to move out in November you would have to give your notice September 30th. Also, I'm wondering if the new apartment would even wait until November without any rent. If you gave them a deposit, you must have signed a lease with a move in date, right? Hopefully you don't get screwed on that. You may just see if you can get out of that, give your current apt. your months notice and find something else during that month. I guess you'll just have to do the math for each scenario. Good luck!
As a landlord... I'll just say that you need to check your own state laws! Here, a deposit is NOT the same as last month's rent (and in fact, should be held in an account separate from all other monies)! Our leases say that the deposit will NOT be applied to last month's rent--although we did allow it for one tenant. That money is ONLY to cover damages and excessive cleaning--an itemized list of any deductions from the deposit must be provided to the tenant within 30 days of the end of their lease. Now, your current landlord could nickle & dime your deposit to minimize any refund, but legally, they should NOT be able to keep it just because you cancelled the lease.
Anyways, yes, you should give 30-day's notice before you intend to cancel your lease. For month-to-month leases (which should be written up, not just "continued" from your previous 1-year lease), our state law requires a 30-day notification. For current 1-year leases, there are a lot of other considerations--depening on state law. You should be able to give your notice now and still be ready and able to move by the beginning of next month. Read your lease! Ours is for 1-year (dates are written into the lease) and states that if the tenant leaves early they may be liable for all rent for the remainder of their lease period. So, if he moves in for 6 months then wants to leave, he can give us notice and we will attempt to the best of our ablility to find a new tenant. But, until we do find another tenant, he will be responsible for paying rent for the remaining 6 months. We had one tenant we actually had evicted (non-payment of rent AND fines with the HOA) and I still had to provide an itemized list of deductions from his deposit (in order for me to keep it). That guy caused lots of damage AND decided to steal several of my things (window blinds, towel bars, shower curtain, mirror, etc)! So, his deposit didn't even cover the actual damages--let alone the past-due rent, fines, and legal fees!
I will say, if you make an agreement with your landlord, get it in writing--even to the point of YOU writing up a document and having them sign it! I would never purposely take advantage of a tenant (and have probably given more leeway than some), but rental properties are a huge liability and we are just trying to cover our own butt, too.
Good luck!
The only way the manager can keep your deposit legally is if it agreed upon in your contract that you will forfeit your deposit if you don't provide 30 day notice. Otherwise, you should be able to move and keep your deposit. Please look into your local housing agency or non-profit who specializes in housing rights. Good luck and hope you enjoy your new home.
Here's some information from Ohio Legal Services. See page 23. If you need more information, call them and they will be able to advise you from a legal standpoint. Perhaps they could also read your lease to help you understand what your obligations are, vs. those of the Landlord.
http://www.ohiolegalservices.org/public/legal_problem/hou...
Stay til November 1st - as long as the new place's landlord doesn't mind letting new place sit empty with no rent til then.
ETA: Maybe I missed something - if you move on November 1st, do you have to pay a full October rent on both places?
SInce the landlord gave you notice that he's changing your lease from what ever it was to a month to month lease I'd simply tell him that you're moving and this is your 30 day notice.
Move. He's the one that changed the lease correct? 30 days from yesterday is October 5th. Move into your new place and don't look back.
I will ask though, since no one has thought of it.
Is this a cleaning deposit or a security deposit. If it's a cleaning deposit he can't keep it regardless if you break your lease or not. The terms of a cleaning deposit is for cleaning anything that you leave dirty.
A security deposit is for breakage and breaking the lease. If you are not breaking his lease and your not leaving the place in disrepair you should get it back, or at least part of it.
I have only had one place where I did not get back my full deposits.
When I go through the apartment "I" am going to be moving in to I make notes on every little thing. A plug in that is cracked or crooked, a scratch in a counter top, a spot on the carpet, a wall that is not painted or is dirty, every tiny little thing.
So when I go to move out and am doing a walk-through with the landlord and he starts adding up the "damages" I can point out that that particular thing is on my list of things from when I moved in. Since it's on the copy of the lease or the back of it I have credibility. So I always can show that "I" am right and they are wrong. I didn't do that to the rental property. It was like that before I moved in.
The one that argued with me that I had stained the carpet was a slum lord. He was the worst of the worst and I still got over half of my deposit back. Cleaning the carpet and painting the walls is usually something that is an expected cost by the landlord when a person moves out. No one wants to move in where someone else just moved out. They have expected costs for cleaning and refreshing the apartment, especially when the tenant has lived there for some time.
So, if it's a cleaning deposit inform the owner that you are following his new lease options and you should not have to pay any part of your deposit since you are abiding by his terms. That during the final walk through for damages and stuff that you expect to get your full cleaning deposit back.
If it's a security deposit he can pretty much keep that for just about any reason he decides. Check the lease to see what it says about the reason for the deposit and what it takes to get it back.
HE changed the terms of the lease, you are doing what "he" asked you to do. Move out the first week of October after giving him 30 days notice like he has changed the least to and then discuss the deposit.
If he is still saying you can't have it back call the local Realtor's Board and ask about your rights.
