Giving landlord notice of leaving?
May 16th, 2011 | 
Author: I took over a lease in November 2008. I spoke with my landlord today about us moving out and giving 30 days (and only paying for half of January) in which he said we could move out January 1st and not pay for the month. Several minutes later our landlords daughter knocked on our door and said we had to give 60 days and also notified us that our landlord is medically incompetent. Our lease it states after 12 months the lease will continue for another 12 months unless discussed. The lease also said that we must give $200 security deposit which we did not; which makes me think that we may be able to claim that the lease is inaccurate. When we signed the lease our landlord said we would do month to month with only a months notice after a year.
I spoke with the couple who previously lived her and they both agree that it went from a year lease to month to month.
Is there anyway to get out of paying 60 days? Shouldn’t we have been informed that our landlords daughter had power of attorney?
Posted in Landlord Tenant Law
Didn’t you read the lease before you signed it?
From your post, it look like you are responsible for rent until next November or until a new tenant is found.
Not paying the security deposit does not negate the entire lease.
And no…the landlord/daughter are not required to notify you about a POA.
Read the lease. Who signed it and what does it say about going month to month or the amount of notice you are required to give?
Whether or not you made a deposit is irrelevant .
Speak to the daughter and get this spelled out and have her show you what the lease says.
It sounds like everyone is on a different page here.
laws vary from state to state – but generally speaking in the absence of a signed lease a tenancy at will is in affect, which is 30 day notice….go to lawguru.com – you will get an answer