Help with rental agreement and moving

[fourcatmom]

Right now I rent a 3 bedroom low income apartment and had been trying to get my Husband to move in with me since I have out on medical leave. We were told we made too much money (since they were taking into account my full income when I was working) and that since we applied together, they couldn't redo it with just me and I would have to vacate the unit. It's not an eviction, they are just saying that we over qualify thus can't move forward.

 

They served me a 60 day notice and I asked for a 30 day extension to give me more time to look. I am not on a lease as that expired in July. We have a found a place to move in together but can't move into November 15th. I asked them about putting in my 30 days notice today and if I needed to extend it by a couple of days was that going to be okay. I was then told that I was responsible for the entire month of November regardless of when I put in my notice.

 

Is this right? I am not on any kind of a lease agreement but I did ask for the extra 30 days. I had no idea at that time that I would have to use and pay for every single one of them. I barely have the money to move much less pay double for over two weeks.

 

Any suggestions would be great. I can't delay the move since the other unit s actually available at the beginning of November and they are holding it until the 15th. They won't hold it longer.

 

thanks!

[JoLuRu]

30 days is sufficient and they should prorate the rent accordingly.

[Sharon37127]

I don't know that I understand most of your details, but my experience from renting apartments has been this:

 

If my lease is up and/or I'm not on a lease and I want to move, I have to give my notice on the first of the month (30 days notice). If I wait a day, a week, or over half way through the month (like we are now), then I am stuck with the entire next month. They will not pro-rate on the end of the lease, but they will on the beginning of the lease. I don't know if that is common practice, or I've just seen that on my leases from the past.

 

I think this protects them from being stuck with interim weeks with no tenants. Most tenants move in/out on the 1st/30th of the month. Now, if someone moves out early, most likely they are paying double for those few weeks in the old and new apartments (maybe to have time to move and clean- this is what I usually did), and the landlord can let someone move into that apartment early, but prorate that week (or however long) at the beginning of the lease.

 

You may not be under a 12 month lease, but you do have some kind of lease agreement you signed and it probably states something about not prorating at the end of it.

Edited October 18, 2012 by Sharon37127
nay apartments I've rented were in college towns so things may have been done differently.

[JoLuRu]

I don't know that I understand most of your details, but my experience from renting apartments has been this:

 

If my lease is up and/or I'm not on a lease and I want to move, I have to give my notice on the first of the month (30 days notice). If I wait a day, a week, or over half way through the month (like we are now), then I am stuck with the entire next month. They will not pro-rate on the end of the lease, but they will on the beginning of the lease. I don't know if that is common practice, or I've just seen that on my leases from the past.

 

I think this protects them from being stuck with interim weeks with no tenants. Most tenants move in/out on the 1st/30th of the month. Now, if someone moves out early, most likely they are paying double for those few weeks in the old and new apartments (maybe to have time to move and clean- this is what I usually did), and the landlord can let someone move into that apartment early, but prorate that week (or however long) at the beginning of the lease.

 

You may not be under a 12 month lease, but you do have some kind of lease agreement you signed and it probably states something about not prorating at the end of it.

 

This isn't the law in CA. 30 days notice can be given any time, and without a current lease agreement, they can't hold her responsible for the rest of the month.

 

Get the Nolo Press tenants rights book if you're having trouble with the landlord.

[Jpoy85]

Here we would give a 30d notice, whether on a lease or not and then move. The rent would be prorated for the last month.

[fourcatmom]

Thank you. I have rented many times and never encountered this. It really surprised me but I did ask for the additional 30 days and I think that might be what gets me in terms of having to pay. My experience has always been that you could put your 30 days notice in at any time, especially if you were not on a lease agreement.

 

Thanks, just one more thing to deal with . :confused:

[tex-mex]

Here in TX, if one goes month-to-month once the lease expires... it is for a different amount (prorated & full price) without concessions. HTH

[TranquilMind]

fourcatmom: Right now I rent a 3 bedroom low income apartment and had been trying to get my Husband to move in with me since I have out on medical leave. We were told we made too much money (since they were taking into account my full income when I was working) and that since we applied together, they couldn't redo it with just me and I would have to vacate the unit. It's not an eviction, they are just saying that we over qualify thus can't move forward.

 

I don't understand. You mean you married since originally qualifying for this apartment?

 

 

They served me a 60 day notice and I asked for a 30 day extension to give me more time to look. I am not on a lease as that expired in July. We have a found a place to move in together but can't move into November 15th. I asked them about putting in my 30 days notice today and if I needed to extend it by a couple of days was that going to be okay. I was then told that I was responsible for the entire month of November regardless of when I put in my notice.

 

You are in most states. If you are in California (don't remember what your signature said, if it did indicate), then 30 day notice date-to-date is sufficient, meaning if you gave notice today, the 18th, you would be out the 18th of November. In my state, if you gave notice today, you are responsible until November 30, as the house is rented month to month, not date to date.

 

Is this right? I am not on any kind of a lease agreement but I did ask for the extra 30 days. I had no idea at that time that I would have to use and pay for every single one of them. I barely have the money to move much less pay double for over two weeks.

 

When were your thirty days to end?

[fourcatmom]

I don't understand. You mean you married since originally qualifying for this apartment?

 

My Husband and I split up when I moved in her with just the kids. Since I have been sick this whole year, we have decided to work together and move back in together. We can't do that in my current apartment since they think that I am over income.

 

 

 

You are in most states. If you are in California (don't remember what your signature said, if it did indicate), then 30 day notice date-to-date is sufficient, meaning if you gave notice today, the 18th, you would be out the 18th of November. In my state, if you gave notice today, you are responsible until November 30, as the house is rented month to month, not date to date.

 

 

When were your thirty days to end?

 

I was given until November 30th to move out.

[fourcatmom]

I don't understand. You mean you married since originally qualifying for this apartment?

 

 

 

You are in most states. If you are in California (don't remember what your signature said, if it did indicate), then 30 day notice date-to-date is sufficient, meaning if you gave notice today, the 18th, you would be out the 18th of November. In my state, if you gave notice today, you are responsible until November 30, as the house is rented month to month, not date to date.

 

 

When were your thirty days to end?

 

 

My Husband and I split up when I moved in here with just the kids. Since I have been sick this whole year, we have decided to work together and move back in together. We can't do that in my current apartment since they think that I am over income. It's actually been a blessing since we have been able to work things out through a difficult situation.

 

 

I was given until November 30th to move out.

[TranquilMind]

I was given until November 30th to move out.

 

Then, what's the problem? You asked for an extension, during which the house was reserved for you, and no one else could move in. You got it.

 

Now you want out early because you found something (if I am reading correctly), but the landlord will not be able to rent out a house (most likely) for just the last two weeks of the month. A house rental is month to month.

 

If he does manage to re-rent, your rent must be returned on a pro-rated basis. If he does not, then you have paid for the month you requested and can take all the time you need to get out and leave it clean.

 

If you are in California, he must prorate the rest of the month, after which time you are out and have returned keys, as CA does its own thing. But in every other jurisdiction, houses are rented month to month. Are you in California?

[besroma]

Then, what's the problem? You asked for an extension, during which the house was reserved for you, and no one else could move in. You got it.

 

Now you want out early because you found something (if I am reading correctly), but the landlord will not be able to rent out a house (most likely) for just the last two weeks of the month. A house rental is month to month.

 

If he does manage to re-rent, your rent must be returned on a pro-rated basis. If he does not, then you have paid for the month you requested and can take all the time you need to get out and leave it clean.

 

If you are in California, he must prorate the rest of the month, after which time you are out and have returned keys, as CA does its own thing. But in every other jurisdiction, houses are rented month to month. Are you in California?

 

The problem is not having the money to pay rent for both places....she just wasn't expecting it.

 

She is in California. Are you saying that whether or not he re-rents, he has to prorate based on the day she gives the keys back?

[fourcatmom]

The problem is not having the money to pay rent for both places....she just wasn't expecting it.

 

She is in California. Are you saying that whether or not he re-rents, he has to prorate based on the day she gives the keys back?

 

Thank you besroma for understanding the point to the thread. I am so overwhelmed at this point, I am almost sorry for even posting this. My check from sick leave last month was $269.00. That's a bit hard to work with just in paying regular bills not to mention throwing moving in on top of everything else. I certaintly don't think the apartment is going to go under if I didn't have to pay for two weeks rent. It gives them time to do what they need to do and re-rent by the 1st. And, they already have a renter waiting with a deposit.

[fourcatmom]

Well, actually the owner might very well be in dire straits if you don't pay the full agreed-on rent. Perhaps he has a college tuition payment for his ds due or a bill at the hospital that is due. If your lease is expired, then you probably have a month-to-month clause that kicks in at that point. We do with all our rentals. If we can get someone in early, we'll pro-rate. If not, we won't. Simple as that. I understand that you're strapped, but your landlord may very well be too. If you sign a contract, you have a legal and ethical commitment to pay. Sorry, but this happens all too often--just because someone has property it doesn't mean that they are rolling in it. Perhaps they need that rent (that you have a contract to pay) to cover another mortgage. We're often in a bind when people give us 30 days notice. If we don't have someone that will commit THAT day, we're out of pocket. And of course, the new folks have to give notice at the place they're in now. Every time we change renters, we figure we're going to lose a month of rent. That means we have to raise the monthly rent to begin with. We have three houses, and we are under market with ALL of them. We depend on good renters (and HAVE good renters right now) to not rake us over the coals.

 

This is an apartment complex, so completely different scenario then yours. I am not trying to rake someone over the coals, although I feel that they have done that to me. If I am obligated to pay, then I will pay them. That was never a question. The question was simply, "Am I obligated to pay for the whole month or is 30 days sufficient time."

 

I am really not at a good place right now for confrontation. I appreciate the feedback but I think some of you misread or our judging me for asking about what my legal commitment is. That is really all I asked. I also talked to my neighbor today and she was not aware of any "policy" so obviously it not just my ignorance in this situation.

 

I have been at my community for almost 3 years and have been a great renter but again that's not what this is about.

[besroma]

:grouphug:

 

Does this link help any?

 

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

 

I have not read all of it, but it has some information about moving out starting on page 49.

[TranquilMind]

The problem is not having the money to pay rent for both places....she just wasn't expecting it.

 

She is in California. Are you saying that whether or not he re-rents, he has to prorate based on the day she gives the keys back?

 

Retaining the keys (coupled with any other evidence) is generally construed as keeping possession. So she does need to surrender possession entirely (however that happens). Landlord prorates in California from date he receives possession back, yes. For example. If she gave notice on September 20 that she would be out on October 20, if she is indeed out on October 20, the landlord needs to return the 10 days of rent from the 20th to the 30th, because rent is paid a month in advance. Pretty much anywhere else, she would owe rent for the entire month of October (in my example).

[besroma]

Retaining the keys (coupled with any other evidence) is generally construed as keeping possession. So she does need to surrender possession entirely (however that happens). Landlord prorates in California from date he receives possession back, yes. For example. If she gave notice on September 20 that she would be out on October 20, if she is indeed out on October 20, the landlord needs to return the 10 days of rent from the 20th to the 30th, because rent is paid a month in advance. Pretty much anywhere else, she would owe rent for the entire month of October (in my example).

 

Thank you!

 

I was hoping you would be able to add to this!

[Durriyyah]

This is an apartment complex, so completely different scenario then yours. I am not trying to rake someone over the coals, although I feel that they have done that to me. If I am obligated to pay, then I will pay them. That was never a question. The question was simply, "Am I obligated to pay for the whole month or is 30 days sufficient time."

 

I am really not at a good place right now for confrontation. I appreciate the feedback but I think some of you misread or our judging me for asking about what my legal commitment is. That is really all I asked. I also talked to my neighbor today and she was not aware of any "policy" so obviously it not just my ignorance in this situation.

 

I have been at my community for almost 3 years and have been a great renter but again that's not what this is about.

 

I'm sorry you feel this way and I hope you make it through to the next place as easily as possible. :grouphug: If the apartment complex is run under a larger corporation, they may be less willing to make exceptions simply because you are a name on paper, and the manager probably has limited say in the matter.

 

Since I'm not in your state, it's hard to say what the law is, but you should be able to Google "tenant rights and responsibilities CA" and find out exactly what is expected. If you asked for a 30 day extension, then that's how long you are probably expected to pay. From a landlord and manager's perspective, exceptions are hard to give because if word gets out, it is like you are playing favorites, and you became the bad guy to a much bigger crowd. :grouphug:

[TranquilMind]

fourcatmom: The question was simply, "Am I obligated to pay for the whole month or is 30 days sufficient time."

 

 

I guess I am dense, and yes, it has been a bad day.

 

You are in California, right (someone said yes)?

 

You only need to give 30 days notice and be out in 30 days. If you give notice today, you can be out on November 20. If you gave notice 10 days ago, you can be out November 10.

 

It seems you are asking whether you need to pay rent for the full month of November, only to get the unused part back if you do not stay all the days in November. Am I correct? I think I am understanding that you want to pay only to the date you expect to be out, instead of for the full month of November.

 

I don't know what they do in California, but I would expect full payment for the month, because something may prevent you from moving. Until landlord has possession back, the landlord just doesn't know. Something could fall through on the other house. Anything could happen. So I personally would expect a month's rent, and would return whatever was not used.

 

In practice, if someone had been my long term tenant, I might consider letting them prorate up front, but that would be rare and take a lot of trust on my part, not something many landlords have in surplus.

 

Maybe I'm misunderstanding the whole thing. Could be. Like I said, bad day.

 

 

 

I have been at my community for almost 3 years and have been a great renter but again that's not what this is about.

 

 

That may well be in your favor though.

 

By the way, what does your Lease say about this situation?

[Riverland]

http://www.hrc-la.org/doc.asp?id=36

 

How much notice in advance does a tenant have to give before moving?

 

To end a periodic rental agreement (month-to-month), a tenant must give the landlord proper written notice before vacating. If you pay rent monthly, you must give at least 30 days advance notice. If you pay rent weekly, you must give at least 7 days advance notice. (Civil Code Section 1946)

 

 

According to this, I think that you are only obligated to pay 30 days of rent from the time of your notice. However, if you originally asked to stay until Nov. 30th, then I would think you would have to pay through the 30th (just guessing). Maybe you can give them a "new" notice today and then you would only have to pay for the next 30 days.

 

The other factor is, it doesn't sound like you actually gave any notice, but rather asked for an extension from the landlord's notice. Hmmm...... I suggest you call the Housing Rights Center. Maybe they can clarify this for you. (800) 477-5977.

 

I have no knowledge of this organization, I just found them doing an google search. If they don't offer free advice, then ask them who does.

[SonshineLearner]

I've had it go both ways. I had one who prorated. I had one who did not. We moved earlier anyway, but I was very adamant that the landlord could not rent it out until after the time I paid for. So my husband went there at lunch time to eat. LOL And you know what that bugger of a landlord did? He had a guy in there a couple of days after we left. So we threatened to call the police. The landlord had to figure out what to do with the guy. He was a total jerk so I wasn't about to be nice.

 

Then wouldn't the landlord have to mitigate his damages and return the $$$$???? Different states... different laws, I guess ;(

[besroma]

Bumping for Michele to see.... :001_smile:

[fourcatmom]

Thank you. I don't have any concrete answers yet. The apartment told me I was more then welcome to leave before the end of November and turn in my keys but I was responsible for payment for the whole month. I am not really sure why I would turn in my keys if I am paying for it?

 

I did give my official 30 days notice today. I will move out by November 18th. I don't know whether they will charge me or not. I think people don't fight it or question it and then they are responsible for the entire month.

 

I will let you know what happens. I am hoping that I just have to pay for the days in November that I am actually there. We'll see.

[MooCow]

when I lived in Cali, it was thirty days written notice. My rent was always pro-rated, whether is was moving in, or moving out. Example: rent $1000 month, moving out on the 18th, I would pay $600 for rent that month.