Is my landlord allowed to do this?
So on 21st May, I sent my notice to end the tenancy in June (1 month s notice) as stated on the agreement. My landlord ignored my email until I sent him another follow up email yesterday. He phoned me and said that because he did not see my email until yesterday, and because I did not state the exact date that the notice started and is due to end, I am still expected to pay the full rent for the entire month of June.
Is this reasonable? Is he allowed to do this? Please help.
- Anonymous4 months ago
Typically a full month's notice is needed. Look at your lease, if it says (and they commonly do) say that at the end of the lease period it is automatically extended on a month to month basis then you needed to give notice before the start of May that you were leaving at the end of May.
< So on 21st May, I sent my notice to end the tenancy in June (1 month s notice) >
I don't see how you think you gave 1 month's notice.
Look at it this way. Your landlord shows up on May 21st and tell you that you need to be out June 1st. You'd be still asking "is my landlord allowed to do this"? You can't have it both ways.
- JudyLv 74 months ago
Whether he had seen it or not, generally notice must be a full calendar month, so yes you probably owe all of June.
- Christin KLv 74 months ago
Do you have a copy of the email you sent to him? If you do, print it out, and send him a check for the rent up to June 21 along with the copy of the email with the date circled. ALL EMAILS are dated. Computers do it automatically. If you print it, you'll see clearly where the date is. And so will he.
Then move and let him try to collect the rest of the rent for June. If he pursues it, you only have to bring the cancelled check and the email with you to court. (if it goes that far.)
One more point: it's not really totally unreasonable--probably what is actually happening is he doesn't want to pro-rate the rent for June and prefers not to do the math to only have 21 days of rent. But if your lease says you only have to give 30 days, and you did, then you're still legal if you pay for that last 30 days. Just keep all your records.
- I love welfareLv 54 months ago
You're certainly expected to have read every email they send you.
- What do you think of the answers? You can sign in to give your opinion on the answer.
- Anonymous4 months ago
Unfortunately, it is legal and you will simply have to pay the rent in full. You would have to give the notice before 30 days of your last day where you live or you will be charged more rent. There's nothing you can do. I'm sorry.
- curtisports2Lv 74 months ago
You didn't give the state. Most states SAY 30 days but the rental term runs for the entire month. So if you give notice on May 21st, you have until the end of June to move out and you owe for ALL of June. In very, very few places in the US do people begin a tenancy partway through a month, they move in on the 1st and move out on the last day of the final month.
Again, you didn't give the state.
- kool johnLv 54 months ago
Im not lawyer have not seen your lease but in my experience...If you are on a month to month lease your notice to vacant is fine and you don't owe anything for June unless you are still there one second after midnight on June 1st.
If your month to month states you must give thirty days notice that notice normally is based on the first of each month. So you must give notice thirty days BY THE first of each month.
If you gave notice on the 21st of may you are respondsible for rent up to the first of July even if you leave ahead of the first.
A nice landlord will prorate depending how you leave and how quickly they can rent I've found.
- PLv 74 months ago
Since you notified him in late May with a 1 month notice contract that means you have to pay for June in full. That's pretty standard. May 21st is basically just a week's notice for June. The fact he didn't see it for a few days and you didn't put in an exact date is irrelevant, since you only gave notice on May 21st.
If you really didn't want to pay for June you would have had to notify him by the end of April which you clearly did not.
- Anonymous4 months ago
You purchase rent by the month, not by the day.
Giving one month's notice generally means you must give one full rental period's notice. Meaning you can give notice any time in April to terminate 5/31 or you can give notice any time in May to terminate 6/30.
No one here knows exactly how your contract is worded.
Your landlord's failure to read his email in a timely fashion is not your problem. However, if your letter didn't specify the date you would be terminating your tenancy, then you haven't actually given notice.
- Donnie PorkoLv 74 months ago
If your lease ends on June 30th, then you’re expected to pay for the entire month. You can’t leave on June 21st just because you sent in your termination letter.
If it’s month to month and your lease ends on the 21st then you can leave on the 21st. Your email has a date stamp so if you sent it out on the 21st then it should say it was sent on the 21st. You should have text which is better since it’ll say it’s been read.