I'm sure it does say in the lease in the small print. Most people don't read ever single word of a lease.
EDIT: No none of your added details have anything to do with this.
Check your original lease! That's why you have one!
After the original term of the lease, most leases continue and automatically renew on a month-to-month basis. The lease should define the requirements for notice to terminate the lease.
If there are no terms in your lease allowing her to demand these thing of you, I believe her actions are not legal.
Other option. Upon giving her your security deposit, did she provide the following within 30 days:
- the name and address of the bank where your money is,
- the amount you gave the landlord as a security deposit, and
- the bank account number
If not, show her this is info and threaten to sue her for your deposit. If she does not comply, sue. Read this website, especially half way down where it starts "Your landlord gives up the right to keep."
http://www.masslegalhelp.org/housing/pri...
MASS. State law requires you to give a written 30 day notice. The law does not need to be spelled out in the lease.
u did your self n OOPS.
the contracts all most always State
Written 30 days notice -b 4 moving out.
also standard rental laws in most states.
no written = no notice and u owe for 30 days more.
do hustle to find some one they like or the deposit is theirs.
it will cost u more than deposit to fight in court also
visit your state renter/landlord laws for more info.
Lease need not cover it. The law applies.
You were wrong to only give 10 days notice, but since you are already moved out and probably signed another lease, just plan on not getting your security deposit back. Landlord will probably not go to court about this.
The notice, to move out, MUST be 30-days before you decide to move....not 10 days.
When I rented......at one point I planned on buying a home....I let the landlord know and I submitted a 30-day notice to move out, however, I also had an agreement, with the landlord, if I didn't move....then I could still live there until I did buy a home.....on a month-to-month agreement.
If the lease does not specify otherwise, the state law fills in the blanks. Not sure of MA, but probably like most states that require a minimum 30 days notice of non-renewal by either party. Had you given her the written notice the day you signed the lease, that would have met the requirements. Oral notices just won't cut it.
Worst case is you might be on the line for one more month's rent to satisfy the 30 day requirement, which gives the landlord time to find a new tenant and not have any down-time cashflow-wise.
This is a hard one to answer without knowing where you live...laws change depending on where in the world you live.
I can only share how it works here in Quebec...
Here we have to give a written notice, normally by the end of February (most leases here end on July 1st)...if we don't the lease is automatically renewed for another year.
Try to find a local resource that can help answer your question.
Good luck!
When I signed this lease I told our landlord that we will not be renewing it. Today I called my landlord and she said that legally the apartment remains ours until she receives written notice. After speaking with her for a bit she agreed that if I can find someone that she approves in the next ten days (I emailed her a handwritten notice) she will consider giving me part of the security deposit back. Otherwise she will keep the entire deposit.
Nowhere on the lease does it state that I must give her notice or that this lease is self extending.
(I am already completely moved out - there are still ten days on the lease)
Looking for info and suggestions. Thanks.
