We have confusing technical law related question?

We were living in one apartment and 6 months lease suppose to over on 31st January so we went to give notice on 29th December but by the time we reach.. office was closed. Then weekend and came 1st January holiday due to new year holiday. When we went to give notice on 2nd January .. they didn鈥檛 accept and said we were late. But according to our lease we can give our 30 days apartment vacant notice 鈥淥n or Before 1st of the Month鈥?now technically 1st was national holiday so don鈥檛 they should accept our notice on 2nd? Also there is not anything specially written on lease that if 1st day of the month or end of the month falls on holiday then notice must be turn on before those days!!! 鈥?so what do you think?

On or Before 1st of the Month

The calendar is available to all, public holiday was a fact you could/should have planned for.

it is however an extremely stupid position, contact the tenancy board - it won't be worth the hassle for them

I think the 2nd should be ok. My logic is that iff you have a bill that is due on January 1st, you can pay it on January 2nd without being late. So, I think you have a case.

I presume you have already moved out. If they are withholding your security deposit because of the date you gave notice, they are in the wrong and you can take them to small claims court to get it back. Small claims court favors the tenant over the landlord, and they know it, so sometimes with just the threat of having to go there they will pay up. But if there were other issues, such as damage or cleaning costs, they may be able to justify keeping the deposit. You can do a quick consultation at Legal Aid if you are in doubt. Good luck!

Of course they have to accept notice whenever you give it, and the only question is whether that means it "counts" for this month or next month. Local practice will dictate whether your legal obligation was technically "before" the holiday, or if business practices permit "next business day" if the first of the month is a holiday or the recipient's office is not open. Maybe you could have faxed it to their closed office. In any case, the question boils down to burden of proof: who has the burden has to prove the law and facts are in their favor.

If they have your money, you have the burden. If they are trying to collect from you, THEY have the burden. Good luck.