Signature 30 Day Notice to Landlord Made Easy

Signature 30 day notice to landlord

welcome back everybody will worship joins us now for this week speaking legal discussion where he answers a viewer ously go question right here on the air you ready when I'm ready all right here we go my current landlord inform me that since I didn't give 30 days written notice that I was moving I would have to pay the next month's rent and if I didn't they would pursue the funds this is not listed in my rental contract is there a state statute that says a tenant must give 30 days notice to the landlord before vacating the Priven premises on the hook or not okay well there's a couple issues that arise here one of the facts that we don't have here is what the original term of the rental contract was for so if this was a one year lease as many are if you break that least six months in advance with or without 30 days notice technically by the law you're on the hook for the full lease agreement because that's what you agreed to do you sign off you signed it you agreed to lease that house at apartment for a full year and so if you move out ahead of time you're in breach of that lease and technically by the law your landlord is able to sue you not just for 30 days not just for the next month but for that entire rental period because that's what you agreed to that's what they had a right to expect now realistically practically speaking around this area at least where I practice normally if you do break a lease or residential lease there the courts aren't typically going to hold you to the entire lease period but they are going to hold you at least through the month in which you had a partial tendency in so that would mean like let's say you moved out on the fifth and rents due on the first as it is in most leases you're going to be liable for that entire month or a month all right because it's not reasonable to expect the landlord can just immediately turn around and put a new tenant in there to mitigate their damages which is the actual legal term in any type of contract dispute leases included a person who's damaged so the landlord in this case has a duty to mitigate their damages that means yes by law I could go out and sue that person for the full six months but I have a duty to try to find somebody else to take over that lease and take over that Bri chain tenants position thereby relieving them from the obligation so that my damages are not full there because long times of course just don't enforce that whole six month deal well that's true and that's really why the whole mitigation of damages thing is there's a landlord you have a duty to mitigate your damages to try to find a new tenant and they just assume that you're going to do that especially because you're it's in your in your financial best interest to do that but back to the question at hand Missouri does have a statute it typically pertains to situations where there's not a written lease and in this one you could almost infer that there wasn't a written lease pertaining to this particular section about 30 days notice if you're going to end a tena a unwritten lease then you do have to provide 30 days written notice of state statute because of state statute so I think that probably the landlord is well within their rights to seek that 30 days that recompence essentially for the lost rent in this scenario and and frankly maybe even more depending on what the circumstances were of when they moved out in the lease cycle what remaining period was was still there on the lease yeah and the circumstances in which the breach occurred well a tenant says here it was not written in the lease does the tenant have ground to stand on by saying I know it's State statue but you didn't want it well ignorance of the law is no excuse and so you know the fact that they didn't know isn't going to excuse him that and there's still the possibility that they don't have any right to breach this lease with notice or not and so in that scenario 30 days notice is actually quite gracious that that's all the landlord's asking for that depending on the circumstances because you say if you're one day shot if you're six months in one day you could be on the hook for the other six it's possible that you could be oh that's a sticky situation all right if you have a legal question for will email them at W worship at color 10.com and he'll answer your question on the show good to see you again you too alright see