Q: Do I have the responsibility to pay two months' worth of rent after moving out if my landlord cannot find a new tenant?
My landlady is requiring me to pay for the period between my 60 day notice (effective Aug 1) and the end of my oral month-to-month lease (Sept 1). Is this legal? No lease was signed, and no terms were discussed as to the lease. There was an oral agreement to $600 per month, and I have been given my 60 day notice, but I was not given a copy of the Landlord Tenant Law, and I never signed anything, including this 60 day notice. Am I required to pay for the time between when I move out and the end of this 60 day notice if my landlady is unable to find another tenant in that period of time?
A: Delaware law provides that when a lease is month to month, the landlord or the tenant can terminate the lease by giving the other a minimum of 60 days notice. The 60 days begins to run on the 1st day of the month following the date of the notice. You are responsible for the rent during this 60 day period.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.