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Re: [tips_and_tricks] Need help re: Notice To Vacate

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  • gary
    When you sign a lease, you are making a contract and changes in your life circumstances are not a factor in that contract unless there are specific provisions
    Message 1 of 5 , Jul 4, 2007
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      When you sign a lease, you are making a contract and changes in your life
      circumstances are not a factor in that contract unless there are specific
      provisions in the lease that allow breaking it or provisions under law that
      allow breaking the lease. Usually, a 30 day notice is sufficient if you are
      renting MONTH to MONTH, as far as I know there is no notice time under a
      lease as that is a contract to pay the rent for a specific amount of time
      even if you are not there. In some states a renter is not allowed to
      consider the security deposit as a rent payment, the security deposit is a
      deposit against damage.

      Gary


      ----- Original Message -----
      From: Mike
      To: tips_and_tricks@yahoogroups.com
      Sent: Wednesday, July 04, 2007 1:14 AM
      Subject: [tips_and_tricks] Need help re: Notice To Vacate


      Group:

      If a renter's lease contract doesn't have a specific entry that speaks to
      how a notice to vacate is made, wouldn't the presence of a security deposit
      provision serve as the legal out for the renter? The renter signed a year's
      lease but four months into it circumstances forced him to leave the state
      and "break the agreement". With no specifications in the contract regarding
      what constitutes fair notice to vacate, wouldn't the security deposit
      provision settle the matter? That is, the landlord would keep the security
      deposit but should have no legal standing to demand payment for the
      remaining months in "the term" as long as fair amount of advance notice was
      given before vacating, right?

      Any feedback would be appreciated.
    • hugger8@aol.com
      First I would go to the law library and find Works and Phrases and look up Lease, Unclean Hands, and Mitigating Damages I would then go to AmJur
      Message 2 of 5 , Jul 4, 2007
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        First I would go to the law library and find "Works and Phrases"  and look up "Lease," "Unclean Hands," and "Mitigating Damages"  I would then go to AmJur and look up "Lease" and see what the courts have said about it.  You may find something in your state statutes that cover the issue.  
         
        It is a contract that you agreed to, but he must mitigate any damages.  That is he must make a reasonable attempt to re-rent the facilities.  To collect on the rest of the year from you he must, in good faith, attempt to rent it.  If he fails to do that you have the argument that he comes to the court with unclean hands.   
         
        Wally  




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      • pd
        When dealing with renter questions every State has its own codes or statutes addressing landlord / tenant relations. Most States require a thirty (30)
        Message 3 of 5 , Jul 4, 2007
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          When dealing with renter questions every State has its own codes or statutes addressing landlord / tenant relations.  Most States require a thirty (30) calendar day written notification from either direction.  The first question that comes to mind is:  Did the tenant give a written notice thirty (30) calendar days prior to the landlord that the tenant was going to have to move prior to the end of the contract period?  The next question is:  What were the provisions in the lease agreement concerning the application of the Security Deposit?  Most landlords are savvy enough to insure they have a provision declaring the Security Deposit will not be used in lieu of a pro-rated portion of a month's rent.  Again, in the event the issue was not specifically addressed, what do your State laws say about the subject?    pd

          Mike <filiusredemptio@...> wrote:
          Group:
           
          If a renter's lease contract doesn't have a specific entry that speaks to how a notice to vacate is made, wouldn't the presence of a security deposit provision serve as the legal out for the renter?  The renter signed a year's lease but four months into it circumstances forced him to leave the state and "break the agreement". With no specifications in the contract regarding what constitutes fair notice to vacate, wouldn't the security deposit provision settle the matter?  That is, the landlord would keep the security deposit but should have no legal standing to demand payment for the remaining months in "the term" as long as fair amount of advance notice was given before vacating, right?
           
          Any feedback would be appreciated.
           
          Thanks,
           
          Mike


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        • BOB GREGORY
          The law in many states allows the landlord to claim for the balance of rent due under the rental agreement, which is a contract. Many such contracts mention
          Message 4 of 5 , Jul 4, 2007
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            The law in many states allows the landlord to claim for the balance of rent due under the rental agreement, which is a contract.  Many such contracts mention the total rent due for the period of the contract.  However, the laws also usually provide that the landlord must use his best effort to re-rent the premises and that he is not due any rent payment from the earlier tenant for any time beyond the date of re-rental.

            Mike wrote:
            Group:
             
            If a renter's lease contract doesn't have a specific entry that speaks to how a notice to vacate is made, wouldn't the presence of a security deposit provision serve as the legal out for the renter? 

            --


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