small business grants
Question
Rental Agreements: One Month or Calendar Month?
My wife and I have lived in our apartment for just over 6 months. (We moved in November 1, 2008.) The agreement is just month-by-month, no lease term or any other requirements like that. We have received a great job offer out-of-state and we really need to jump on it. I have been unemployed, my wife underemployed, and we are paying for the move ourselves. We need every penny we have and more to get us there. We gave our landlord notice in writing in a friendly letter letting him know the situation, most specifically that we need to be there within 2 to 3 weeks. We expressed that we understood that our agreement said we would give him 1 month notice and that if he's unable to fill the vacancy (the only vacancy in the small complex) by one month from now that we would pay prorated to that date next month even though we wouldn't be occupying the apartment. He responded that giving him notice now means that we still owe him until June 30, rather than June 15 because it's a "full month." I don't know much about property law, but I do know that in regular small business law it has to be stated as a "calendar month" in order to be enforced as he's described. Otherwise a month refers to 30 days irrespective of the calendar months. The exact wording from the agreement: "13. TERMINATION. This Agreement and the tenancy herby granted may be terminated at any time by either party hereto by giving to the other party not less than one full months prior notice in writing." If it makes a difference this is in Utah. He also gave us another copy of the agreement (we didn't need another but still) with the section on the security deposit highlighted. "2. SECURITY. The security deposit in the amount of $450.00, shall secure the performance of Lessee's obligations hereunder. Lessor may, but shall not be obligated to, apply all or portions of said deposit on account of Lessee's obligations hereunder. Any balance remaining upon termination shall be returned to the Lessee. Lessee shall not have the right to apply the security deposit in payment of the last months rent. DEPOSIT REFUNDS. The balance of all deposits shall be refunded within two (2) weeks from date possession is delivered to Lessor, together with a statement showing any charges made against such deposits by Lessor." The guy's place is falling apart on its own. We were the first tenants to move in after he remodeled the place, but everything is already falling apart. Caulk is separating, laminate is delaminating, hardwood floors are separating, etc. Even the drywall is separating in high areas completely out of reach. None of this has to do with the way we've lived here. (We are VERY clean tenants.) But I would not be surprised if he tries to keep the deposit to pay for all of that stuff he installed wrong before we moved in. Any suggestions? How can we ensure we get the full deposit back? Is the "full month" wording enforceable to tack an extra 2 weeks onto our amount owed? We can't pay it. We don't have the money to pay that rent and move to the new place. What can he do if we don't? I don't want to have to go through small claims court, but I'm not afraid of it if I have to, but it would have to happen within 2 weeks. I need quick advice. Thank you!
7 months ago - 4 answers
Best Answer
Chosen by Asker
Bad news is that your landlord is correct. You rent on a month to month basis...not a daily or weekly basis. If your 30 day notice overlaps next month by even 1 day...you would owe for the entire month. Good news is that Utah law requires the landlord to mitigate his damages by making a reasonable effort to re-rent. He can only charge you for the days in June that the apartment remains vacant.
by reenzz
7 months ago
Asker's Rating: 
Other Answers
Generally, notices that you are leaving runs from rental period to rental period. So if you are renting from the 1st to the end of the month, the 30-day notice needs to cover an entire rental period. That's why it says "not less than one full month". So yes, if you give notice today, you are obligated until the end of June. If you leave early and don't pay, he can keep the rent out of your deposit, or take you to court to get the money. And, since he has 30 days to return your deposit to you, if you want to contest this in small claims court, it means that you are going to have to come back to this town in order to do so. You are probably best off just paying the extra amount, because you do owe it.
by philospher77- 7 months ago
You didn't mention the date you gave notice, but I assume it was the 15th? If so, you only owe rent until the 15th, and your landlord is wrong. He could easily rent it from the 15th rather than the 1st. (However, check your local tenant laws to be sure.) Re the security deposit, take photos, or better yet, videos of the condition of the place. Note either in writing or orally about how the damage is occurring. Do a final walkthrough with the landlord before you leave, having him confirm that the place is in good condition (and put it on the video/camera). After that, if he says he has to do repairs and deducts money (legally having to provide receipts), you could do small claims with your photographic evidence. What a hassle. Good luck.
by tonalc2- 7 months ago
It depends on State law. In Missouri it is a "full rental period" so you would owe for all of June. He's not "tacking anything on," he's merely enforcing the agreement that you voluntarily signed. If you don't come to an amicable agreement he can sue you in court and you'll have to come back for the trial or lose by default. But IMHO you'll lose anyway and it will enter your credit report. The best thing is to get the place cleared-out totally ASAP so he can do a Move-Out Inspection and simply take the balance of June from the deposit.
by estielmo- 7 months ago