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30 day notice vs. 60 day notice: Does tenant owe next months rent?

This is a discussion on 30 day notice vs. 60 day notice: Does tenant owe next months rent? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; My tenant only gave me a 30 day notice to vacate apartment, but on the rental agreement it states that ...

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Old Jun 2nd, 2010, 09:54 AM   #1
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Default 30 day notice vs. 60 day notice: Does tenant owe next months rent?

My tenant only gave me a 30 day notice to vacate apartment, but on the rental agreement it states that I need a 60 day notice and if not given if I don't rent it she is liable for the nexts month rent. She says shes not paying it. It's a 6 month lease agreement. I didn't get it rented. Does she have to pay me?
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Old Jun 2nd, 2010, 05:27 PM   #2
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Default does tenant owe next months rent?

Hi..

Well the place to start is with your state's laws..
do they allow or not a notice period over 30 days...

Next.. is there case law.. for your state that may define if a notice period greater than 30 days is not permitted..

Seek legal advise from a local LL/tenant atty..
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Old Jun 2nd, 2010, 08:37 PM   #3
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Default Re: 30 day notice vs. 60 day notice: Does tenant owe next months rent?

That's not how it works.

All states allow notices longer than that stated in the statutes. None allow it to be shorter than that period. It must be at least that long of notice. (Statutes are the minimum.) But if the lease states 60 days and she agreed to that by signing the lease, she owes rent for the 60 day notice period. Feel free to file against her in small claims court.
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