We live in apartment currently that is a month to month rental, so we don’t have a lease we did however sign a contract just about basic things to do with repairs and animals and stuff like that and in the contract it states that we have to give 30 day’s notice of moving out. So that brings us to now, today we gave him notice within a text that we are giving 30 day’s notice and will be moving. He states that we need to give him the notice in writing (which okay no big deal) and that we HAVE to stay here and can’t move out until the last day of February. We also told him that he will he getting February’s rent in full on the first (so technically we would be losing out on money because we plan to be outta here by mid february). So can he actually force us into staying the whole month because we already gave security and first month’s rent for our new apartment, plus we plan on giving him all of Febraury’s rent? I guess I just don’t understand.
With a month to month rent, at the end of each month, the tenancy ends and is only revived, each month, by your paying the rent. There is no lease to break. So you should just move out at the end of this month.
Any agreements with the landlord outside a lease term are invalid.
The landlord has one month security and he can apply that to repairing the apartment if you broke stuff, but he can't apply it for fixing up regular wear and tear (like repainting, fixing little cracks or holes in the walls, etc) I would recommend that you sue him in small claims court to get your two months of rent returned to you.
Once you have paid for Feb, why would he want to require you to stay there until the very end? Either way, it makes no difference. You are obligated to pay for the month (I'm assuming your rent is due on the 1st). You can live anywhere you like and if you actually move out before the end of the month, he's not in any worse a position. In fact, it should be easier for him to rent March 1 if it's already vacant.
I'm 3 "most helpful" answers away from a free iPad! I may be guessing or not licensed in your state so don't rely upon anything I say. No attorney/client relationship exists. Who reads these disclaimers anyway? If you're reading this, let me know because I'm curious. Did you know that a watched pot never boils and that a stitch in time saves nine? Or that a rolling stone gathers no moss? Honestly, I am surprised that you are still reading this disclaimer. Personally, I normally don’t pay much attention to these things. I am impressed and I commend you for taking the time. I never actually anticipated anyone would ever get this far into my disclaimer and I only wish I had something more meaningful to say. Thank you for bearing with me and for sticking it out to the end.
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