Full question:
We are in a one year contract with a townhouse, which will expire on July 31st, 2009. We gave the 30-day move out notice on July 2nd. Here are my questions. 1) should July 2nd be counted as the first day of the 30-day notice?2) the rental office told us that we were one day late and they will charge a full month rent for the insufficient notice fee. We are not renting on a month by month base. We think even if we were indeed late, we should pay one day rent for the penalty, not a full month rent. Are we right?The following is the original contract, 'Residents agree to give not less than thirty (30) days written notice of their intention to vacate the premises prior to the expiration of the Lease Agreement or to execute a new lease. Resident understands that failure to give the foregoing notice may result in additional damages to Landlord because of the Landlord's inability to properly market the premises to a new resident. Resident's failure to provide the required notice shall result in the Resident being assessed an insufficient notice fee to cover the notice period. When this Lease Agreement terminates, Resident shall surrender possession of the premises in the condition it was in when it was delivered to the Resident, normal wear and tear excepted. Resident's move out notice may not terminate the Lease Agreement sooner than the end of the lease term or renewal period. Resident's move out notice must terminate the Lease Agreement on the last day of the month following the second rental due date if the lease expiration data is on the last day of the month. Example: if the lease expires May 31, notice must be given April 30 to meet the requirement of the thirty (30) day notice period'.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Missouri
Answer:
In your question, you state, "Resident's move out notice must terminate the Lease Agreement on the last day of the month following the second rental due date if the lease expiration data is on the last day of the month. Example: if the lease expires May 31, notice must be given April 30 to meet the requirement of the thirty (30) day notice period". According to the information you provided, your lease expires on the last day of the month. According to the above language, notice to terminate would need to be given on the last day of the month before expiration. The day you gave notice would typically be counted, as long as it was received before the close of business.
Your liability for damages will be limited to one day if the premises was relet and the new tenant began paying rent that covered the following day. If a year-long tenancy isn't properly terminated, the lease may become a month-to-month tenancy at-will and the tenant will be liable for the new month's lease. However, the landlord must take reasonable steps to mitigate (lessen) damages by reletting the premises. If the premises is relet before the month is over, the rent received must be deducted from the damages claimed by the landlord.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
