Last month our landlord died and his family decided to tell us that we will eventually have to move & they will give us at least 60 days notice. Every week, they tell me that they should know that date in a few weeks. We decided that we should just go ahead and move & save ourselves the stress of waiting. What is the proper way of telling them if we do not have a lease? What are our rights? I am afraid that once we tell them that they will try evicting us.
So do you have a Lease Agreement or not?! If you do, the Lease should tell you when it runs and under which circumstances you can move out. If you do not, then you have a month to month Lease
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I agree with my colleague and add that if you are renting month-to-month with no specific term, you only need to provide your landlord with no less than 15 days written notice prior to the end of the monthly period that you are terminating the tenancy. I assume that if you gave a security deposit you will want it returned, therefore, I recommend that after you properly clean the dwelling you should take many photographs to document the condition of the property. If possible, have a representative from the landlord do a final inspection in your presence. The landlord's rep. will have 15 days to return your deposit if no claim is intended, or have 30 days to inform you by certified mail that they intend to impose a claim on your deposit. If a claim is made, you then have 15 days to send a written objection, which I recommend by by certified mail. Best of luck.
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If you have an address, send notice to them at the address, or drop a notice by them at the address. They told you that you will have to move. The best thing to do is to consult with a local attorney. Your fear is getting the better of you. They would be wasting time and money suing you when they know you are leaving.
R. Jason de Groot, Esq., 386-337-8239