Q: Can my landlords give me a verbal 60-day notice? I am currently on a month-to-month verbal lease.
He gave me a verbal 60-day notice,to which I replied with a verbal 15-day notice. I have not been on a written lease in 6 months. I have lived there about a year and 3 months now. When I told him about the 15-day notice, he tried to have me sign a month-to-month lease, which can be broken with a 15-day written notice, but it does not state any partial refund of the rent. Can he charge me a full month's rent and not pro-rate or refund since I am not staying there the full month?
A:
It all depends upon what you mean. Neither your's not your landlord's verbal termination of tenancy notice is valid or enforceable. You would owe a minimum of 30 days prior WRITTEN (not email, text, etc) notice to him and he owes you at least 90 days prior written notice to terminate your tenancy. Plus he can only terminate your tenancy for a very limited number of specific reasons if you have been there for more than a year.
Normally a landlord must prorate your rent on a daily basis when you leave before the end of the month. But you also owe rent through the end of your 30 day notice and, if you have not given proper 30 day notice, the landlord can collect rent for an additional 30 days after you move out and restore possession. Problems? Review everything with a landlord-tenant attorney. Good luck.
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