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notice to vacate


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#1 pwfoster2412

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Posted 23 January 2013 - 09:21 AM

I am issuing a Notice to Vacate to the roommate in my daughters apartment, because she refused to sign a sub-lease agreement. I was informed that I had to give her 30 days notice and it needed to end at the end of a rental period since she was considered an at-will renter. she is planning to move and says she will prorate the months rent. can she do that or is she required to provide me with the same 30 days notice and pay for the month she stays into?


I lease the apartment for my daughter, who attends Auburn University in Alabama.

An Attorney where I lived in Indiana, senet me to an Alabama State website that defind the tennent/landlord rules and that is where I found out that as landlord of an at-will renter I had to give at least 30 days notice and it had to end at the end of a rental period.

It does not however, list the renters obligations

#2 pg1067

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Posted 23 January 2013 - 11:11 AM

I am issuing a Notice to Vacate to the roommate in my daughters apartment, because she refused to sign a sub-lease agreement.


Can you clarify how this situation concerns you? Do you own the building in which the apartment is located? Are you leasing the apartment on your daughter's behalf?


I was informed that I had to give her 30 days notice and it needed to end at the end of a rental period since she was considered an at-will renter.


Informed by whom? The laws regarding notice to terminate a tenancy vary from state to state, and you didn't identify the state where the apartment is located.


she is planning to move and says she will prorate the months rent. can she do that or is she required to provide me with the same 30 days notice and pay for the month she stays into?


It might be the case that there are some states in which the termination of a tenancy can only be effective at the end of a rental period. I don't happen to know of any states in which that is the law, but I can't say that I have off-the-top-of-my-head familiarity with the laws of all 50 states.

#3 Guest_FindLaw_Amir_*

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Posted 23 January 2013 - 11:18 AM

If you are a landlord dealing with such a repetitive common issue, you may consider signing up for Legal Street. You can ask all of your questions to a local Landlord-Tenant Lawyer for less than $13 per month year-round. You may also want to visit the Real Estate Law Center and read Landlord Tenant Law as a good resource.

#4 adjusterjack

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Posted 23 January 2013 - 06:30 PM

Alabama statute 35-9A-441 [b] The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice.

http://law.justia.co.../35-9A-441.html

That means the tenant has to give you the same notice and there's no pro-rating of rent (unless you agree to it).

Unfortunately, pursuing a college student for a couple of weeks of unpaid rent isn't likely to be worth your time or money especially since you would have to travel to another state to go to court.

You might have to chalk this one up to a landlord life lesson from the school of hard knocks.

Next time, get a lease signed BEFORE you let somebody move in.

And get a security deposit, too.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 pg1067

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Posted 24 January 2013 - 08:14 AM

Apparently you went back and edited your post after I responded. It would be better to post a follow up. Otherwise folks might miss that you've edited your post.




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