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livelaughlove21's avatar

Is a 30 day notice required after a lease is expired?

Asked by livelaughlove21 (15724points) July 18th, 2012

My husband began renting a mobile home in August of 2010. He signed a year lease. Therefore, the least expired in August 2011. We never signed another lease, leading me to believe we were living there on a month-to-month basis.

We recently decided to buy a home. We’re going through the motions, and decided to stay with my parents and save some money during the 30 days it takes to close on the house. We told our landlords yesterday that, while it wasn’t for sure yet, we may be moving out at the end of the month. The landlord’s wife said that was fine and to just let them know when it was official.

I came home from work today to see the “for rent” sign was already up. My husband figured they were doing it as a precaution so they could have someone else lined up if we do move out. That’s fine with me, I get that. Well, my husband went to talk to the landlord about it.

We should be getting $250 back from our original deposit and perhaps a $250 pet deposit back. When we got our cat, he told us there was a chance it would be non-refundable, so I’m sure he’ll find some imaginary damage created by the cat in order to get out of giving us our deposit. Well, that’s fine, because we were warned. Now he is making complaints about my husband.

Before we moved in, the prior resident punched a hole in the very thin wall near the door. The landlord had someone patch it with another square piece of wall held up with 4 pieces of trimming. VERY cheaply done and definitely nothing permanent. Well, two years later, two of the four pieces of trim have fallen off. The landlord seems to think this is our responsibility. In order to not cause trouble, my husband said he’d tack the pieces back up. My husband has done A LOT of free labor for our landlords – numerous repairs on our mobile home and a few other properties owned by our landlords. We keep up with our house and everything is in the same (actually better) condition as it was when we moved in.

Then, the landlord decides to tell us that, technically, we need to give them 30 days notice before moving out. Uh, the lease is expired. He’s telling my husband the lease isn’t void until we move out. I’ve never heard of this before. It was a one-year lease. My guess is that he’s trying to cheat us out of as much money as he can before we leave. We’re willing to take this to court if need be, but I wanted to find out if anything he’s saying will hold up in front of a judge.

Any thoughts?

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14 Answers

Coloma's avatar

Yes, unless otherwise specified by your landlord.
A 30 day notice is pretty mandatory regardless of leasing arrangements.
I don’t think he is trying to cheat you, a 30 day notice gives him notice to advertise and start interviewing potential new renters, get the place painted, re-carpeted, ready to re-rent.
The repairs your husband did were his choice, and the landlord does not owe you for any compensation unless that was discussed.

Expecting to be compensated for repairs done of your own free will is not acceptable.
Taking WHAT to court?
Any judge will honor a 30 day notice and is not going to offer compensation for things done of your own free will.
Sorry, you don’t have a leg to stand on.

Live and learn and next time you rent/lease do not do repairs without clearing them with your landlord and getting compensated for cost and time invested.

WestRiverrat's avatar

Make sure you give the landlord notice in writing or it doesn’t count.

livelaughlove21's avatar

@Coloma Wow, I don’t think the hint of rudeness was really necessary. I was asking a question, wanting an answer. You answered my question, thank you. That’s all that needed to be said really.

We don’t want compensation for the work my husband did. I merely said that just to show that we have been good tenants and we’ve never given them trouble. You really think that crappy wall repair is our responsibility and he isn’t just coming up with stuff to screw us out of our deposit? Well, I think he is, and he’s done it before to other tenants. He WILL find an excuse to not give back our pet deposit, and this is just an excuse to get out of giving our security deposit back – especially after his wife told my husband it was perfectly fine yesterday. Since putting up that for rent sign this morning, they’ve have 5 interested renters. They know they could have someone lined up in a week, let alone the two we’ve given. The walls are all wallpaper that have been there since this mobile home was manufactured, the carpet has never been replaced, and we redid the laminate floors ourselves when asked. He won’t be replacing anything. This place wasn’t even clean when we moved in.

But, as you said, we’re legally obligated to give 30 days notice. So, if that’s what happens, we’ll pro-rate the rent through the middle of next month, meaning they could keep the deposit and we’d be square. That’s all I needed to know. I wouldn’t take anything to court unless I knew what they were doing was illegal – hence my perfectly acceptable question.

@WestRiverrat Thanks for the advice. Printing it out now. :)

Judi's avatar

It depends on your state laws. In CA if you stay beyond the end of the lease it automatically reverts to month to month unless renewed. In a month to month agreement, 30 day written notice is required.
You might want to google landlord tennant law for your state.

Coloma's avatar

@livelaughlove21 No rudeness intended, just telling it like it is.
One of my pet peeves, when people voluntarily do something then expect compensation when there has been no agreement or discussion.

livelaughlove21's avatar

@Coloma Once again, we weren’t expecting compensation. He did it to be nice, and never asked the landlord for anything in return. I was just stating it for the record. If we’d spent the last 2 years never lifting a finger and giving them all kinds of trouble, I’d expect trouble, but not after how much we’ve done for them.

We spoke to the wife and she said we’d have to go through the husband about the deposit. After my husband told him we’d fix the crappy patch job, he became really rude and told him no deposit would be returned. When my husband went over to give him a typed up notice, he heard the landlord’s wife yelling at him and saying he should apologize because my husband didn’t deserve to be spoken to like that considering we’ve never given them any trouble. Then she apologized to him. So, it’s not just us that thinks he’s being rude and unfair, considering all things.

But we’re just going to leave without our deposit and call it that. But that patch job will NOT be fixed. It’s not our responsibility.

Coloma's avatar

@livelaughlove21 Tough situation, I hope it all works out. Well, landlords can be dysfunctional too. lol

yankeetooter's avatar

Make sure you mail your “notice in writing”, and send it by certified mail…good luck!

SpatzieLover's avatar

You should check the laws for your state.
In mine, you the Tenant need to give a 60 day written notice.
While the Landlord is allowed to give you only a 30 day written notice to vacate.

Yes, this will hold up in front of a judge if he deems it necessary to get a 30 day written notice. You’ve barely given him time to turn over or re-rent the unit.

Seaofclouds's avatar

It really depends on your exact lease and the laws in your area. We are pretty much in the exact situation (renting a place, our one year is up, and we are getting ready to go to closing on a house next week). Our lease specifically states that after the one year, we are on a month to month contract for an indefinite time frame and that either the landlord or the tenant can end the month to month contract at any time with 30 days written notice.

I’d read over your lease very carefully and if there isn’t anything about what happens after the year was up, look into the laws in your area.

augustlan's avatar

It is common for 30 days notice to be required, even in a month-to-month situation. Check your lease and the laws for your state. Good luck!

Jenniehowell's avatar

The amount of time for notice varies from one state to another, but either way there is a minimum requirement for 30 days. Even in cases where your lease expired & you remained there as a month to month tenant without a current lease. The term for that is “tenent at will” & generally under tenent at will laws the renter is required to give 30 days notice while the landlord is required to give 60 days notice.

Repairs done for free on your part are a wash – partly why it’s always best to request repairs from the landlord in writing & let them deal with it. I’d just deal with the landlord’s drama & not argue – you’re better off buying your own place anyway & making a big deal out of those things will only serve to drag out the process & potentially create more cost.

livelaughlove21's avatar

@Jenniehowell Agreed. We’ve just left it alone, we’re moving in with my parents until the closing date on our new house, and we’re saying good riddance to them. The repairs my husband did were actually not all on our home. The landlord asked Josh to work on multiple repairs on his other mobile homes. But like I said, we don’t expect to get paid for that now, I just thought we were being good tenants and we wouldn’t have any trouble later. The worst part is that he told us we need to be out by the end of the month even before we gave an official notice. So, if we learned that the 30 day notice was required, and stayed another month so we could honor that – we weren’t even given the option. There’s absolutlely no reason for us to be kicked out other than the fact that he’s mad at us for some unknown reason.

But anyways, we’re moving on, and that’s all that matters. Thanks for the help everyone.

Jenniehowell's avatar

Check the landlord tenent law in your state – you can usually google it but if you get in a bind it could come in handy. Landlords can’t kick u out without at least a 30 day notice & under most tenent at will laws they’re required to give u 60 days. Even after giving you notice if they wanted you out & u refused to leave they can’t kick you out without taking you to court via a dispossessory proceeding.

Sounds like you’re better off with relatives until your house is ready but thought I’d mention those things just in case.

Additionally, for future reference if/when you need it my advice is to get everything in writing. From the lease/rent to the maintenance to the notice for having to move out to what the trade/compensation is for work
done for the landlord whether to your place or not. A few episodes of judge Judy is a hilarious example of what happens when things aren’t in writing.

Congrats & good luck in the new place.

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