What is considered to be a 30 day notice for moving out?

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What is considered to be a 30 day notice for moving out?

We moved into one apartment last year; then later this year moved into a new apartment owned by the same landlord. We never received a new lease. We called today to tell them we wanted to move out by the end of this month. They said that we needed to pay for all of next month. Shouldn’t I just have to pay for the first 2 weeks since we gave notice mid-month and the16th to the 16th of is 30 days? Our rent is due the 9th of every month.

Asked on July 16, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Landlord tenant laws in this country vary on a State by State basis. However, most States require on a month to month tenancy though statute a written thirty day notice by the tenant to the landlord that the tenant has elected that the tennancy will be over on a date stated in the notice which is at lease thirty days from the date of the notice.

If you sent notice to the landlord mid-month such as July 15, 2011 that your lease ends August 16, 2011 which is at lease tirty days, it would appear that under general law in this country your lease ends August 16, 2011 and you are only obligated to pay for the first two weeks of August 2011 for rent.

Rather than calling the landlord, you should send a written letter (notice to the landlord) mentioning the prior telephone call and the date of it to protect your interests. Keep a copy of the letter (notice).


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