Proif a landlord is in breach of contract do i have to give him a 30 day notice if i am on a month to month?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Proif a landlord is in breach of contract do i have to give him a 30 day notice if i am on a month to month?

my land lord calls 10 min before someone comes over to look at one of the rooms for rent, sometimes he calls 10 min before there here or sometimes he doesn’t even say at all and just comes with out me knowing. i’m now on month to month. can i move out without having to give a 30 day notice because of this? the landlord is also doing re-modeling next door and at times it’s 11:30pm or later and they are still making alot of noise.

Asked on June 28, 2009 under Real Estate Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Even though it appears that your landlord is taking advantage of the situation and making life difficult to enjoy in your apartment, it is best if you take the high road and give 30 days notice that you intend to leave.  You do not want to be a part of a landlord tenant proceeding for the rent.  Also, it appears that you used to have a lease that has expired.  If you have a security deposit protect it by requesting that the landlord do an exit walk through with you to make sure that everything is fine.  Have the landlord sign something that says all is well.  If he has a concern about the  condition of the apartment  at least you will know up front and can negotiate something.  And take pictures of the condition he is concerned about and the apartment in general.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption