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Month to month rental agreement? |
We signed a month to month rental agreement in Sacramento, Ca and moved in to the apartment on September 5th. We did not want to sign a 6 month plus lease because we were in the process of looking to buy a home which we had discussed with the office so they were aware of our intentions. We had an offer excepted to purchase our home on September 14th and gave our 30 day notice on Sept. 14th in writing to let them know that we would be moving out on Oct. 14th. We are now being told that we will have to pay rent up until Oct. 31st. I was under the impression that a month to month agreement was just that.... month to month. We moved in Sept. 5th, gave a 30 day notice on Sept. 14th to vacate on Oct. 14th. What am I missing or not understanding about a month to month agreement. We will be here a month plus some days and have given them a 30 day notice. why would we have to pay rent until october 31st? Your notice must start from the rent due date, i.e., the first of the month. If you live there part of the month, you have to pay for the whole month. The landlord does not have to pro-rate for a half month. Well, yes. It sounds like you do not have the option to pay for, half of the month. I remember wanting to move out of an apartment like, on the 10th of December or so, and they charged me full rent. Sometimes they'll prorate it for you, but it isn't uncommon for them to charge the entire month either. Read your lease. The landlord probably mentioned somewhere that he will not pro-rate a month, and that is perfectly legal to do on a month-to-month. your lease determines everything, if only a month to month. When was the lease in effect? the 15th or the 30-31st? if its effective date is on the last day or first day of the month, then you have to pay until the end of the month and your 30 day notice isn't considered in effect until the 31st of September for all legal intents. Private small landlords sometimes do what you speak of but a business typically goes from either the 15th or the 30-31st/ 1st. and in such your notice goes off of that date. A month to month rental agreement is just what it says it is. " was under the impression that a month to month agreement was just that.... month to month. We moved in Sept. 5th" just bc u started in the middle of the month does not make it ok for it to end on that. normally if a motnh starts in the middle or 5 days into as in ur case ur prorated for those days. all leases must expire at the end of the month no matter when they were started. it is quite common for complexes to do this. best to just pay the full month of october to alot u time to get prepared for ur big move. no use getting upset, seems like a miscommunication on their end. Most landlords won't pro rate for you. You need to check your lease for all of the clauses. What day did you sign the lease? on the 5th or before when does it say it takes effect? |
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