Can I move out of my apartment with less than 30 days notice?
So the real question is that if we don't have a lease, are we still required to give the 30 days notice?
And if we are, would our landlord be able to sue us or something, and have much of a case against us?
2 attorney answers
I agree with my fellow Attorney that if you had a written lease at one point, regardless of whether that written lease expired (which means really that your a month to month tenant, subject to the same rules that were applicable under the written term lease) you are still required to give AT LEAST 30 days notice. And the Court takes that interpretation to mean at least one full rental period. AT LEAST is capitalized here because the Court believes that you can always give more than a full rental period notice, you are just forbidden to give less.
So if you have a lease that says rent is due by the first of each month, and you gave your notice to vacate on the third of January, even though you told your landlord you would be out by the end of the month, you are theoretically liable for January’s rent in full, AND February’s rent in full (February would be your full rental period notice).
The only way you save face or have a real defense to not having to pay February rent is if you move out in January (well before the end of the Month) and the Landlord is able to re-rent your rented premises to someone else to move in for February 01, 2020. Under this scenario, the landlords argument is merely a technical one, as the Landlord would have suffered no actual damages. Otherwise, if you move out at the end of January, the Landlord really doesn’t have the opportunity to turn around and flip it, arguing he will have lost February rent because you had not given proper notice.
Again, you have given proper notice on the 3rd of January, if you wish to be gone by the end of February, because you will have given landlord at least 30 days notice at that point.