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Am I right or is my landlord right? Notice to Vacate issue Security Deposit

Discussion in 'Rental Agreements & Subleases' started by Billarino, Dec 6, 2019.

  1. Billarino

    Billarino Law Topic Starter New Member

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    Jurisdiction:
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    We gave our one month notice to vacate to our landlord today and he is arguing that we have to give 45 days notice. We are currently month to month as our term for 2A, which we originally signed, has expired. We agreed to pay $50 more a month. Below is what is written on our lease agreement showing why my landlord and I are not seeing eye to eye:

    2 TERM The term begins on (date) 05/1/18("Commencement Date", (Check A or B):

    A Month-to-Month: and continues as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date.


    B Lease: and shall terminate on (date) 05/1/2019 at 12:00PM. Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect. (iv) See "Addendum: Notice to Vacate" for giving proper notice to end tenancy.


    Addendum - Notice to Vacate At least 45 days prior to termination of the Lease as set forth in Section 2B of the Lease, Tenant agrees to provide Landlord with written notice as to Tenant's intent to either vacate or renew the Lease subject to further agreed upon terms at that time with Landlord. All other terms of the lease remain.
     
  2. mightymoose

    mightymoose Moderator

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    As written, if your lease is clearly marked 2A then it appears 30 days is correct.

    Did you provide your notice in writing?

    If so, proceed as you wish. If the landlord wants to hold you responsible for an additional 15 days the landlord will have to convince a judge you owe it. You owe nothing additional until the court says so.
     
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  3. Zigner

    Zigner Well-Known Member

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    Clarifying:

    While the fact is that you don't owe anything additional until the court says you do, there is the additional matter that, if the LL feels that you DO owe it, they will withhold it from your security deposit. At that point, the onus will be on you to sue the LL for the return of the amount.

    Having said that, I also feel that you are correct and only 30 days notice is required. In fact, I don't believe that the addendum is enforceable in the first place, even if you hadn't already converted to a MTM tenant.
     
  4. Zigner

    Zigner Well-Known Member

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    2A wasn't marked. The tenant had a lease that expired in May of 2019, which then converted to a MTM tenancy per 2A (as outlined in 2B). In any case, it's clear that the tenant is now MTM.
     
  5. mightymoose

    mightymoose Moderator

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    It isn't clear that A or B was marked.

    I read A as being month to month from the start, and B as being a year lease that converts to month to month.

    The text says "(Check A or B)" so I wonder which is checked on the document, if any. If neither is checked I still think it would have to default to 30 days.

    The addendum for 45 reads as if it is intended for those with a year lease who intend to leave prior to the end of the initial year.

    I also wonder when this addendum was created- whether it was part of the initial contact or added later. If added later the landlord would have needed current tenants to sign and agree in order to enforce it. Regardless, it doesn't seem to apply here.
     
  6. Zigner

    Zigner Well-Known Member

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    Per OP:

    I agree.

    I believe it was intended to state that the tenant must advise at least 45 days before the end of the lease about whether the tenant intends to stay on after the expiration of the lease. I believe the intention was for a new lease to be signed at that time. The addendum is worded poorly because there is not mention of what would happen if no notice was given. In the OP's case, the lease simply converted to MTM.

    Agreed.
     
  7. Billarino

    Billarino Law Topic Starter New Member

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    A was marked, sorry if that wasn't clear. The addendum was on the initial lease as signed.

    Yes, notice provided in writing.

    Bummer that the onus is on me to take the landlord to court, but I figured that that was the case. I am not above taking him to court to resolve the matter either.

    Thanks everyone so much for your insight on this, it really puts my mind at ease.
     
  8. mightymoose

    mightymoose Moderator

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    There is nothing you need to do unless the landlord fails to return your deposit. The landlord has rules to follow regarding how and when to return that deposit and you could collect penalties if it isn't done timely.
    Wait and see what happens.
    Just know you don't have to stay 15 more days or pay anything additional just because landlord says so.
     
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