• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How Flexible Can 30-Day Notice Be?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

aButler

Junior Member
What is the name of your state? SC

My husband and I were notified today that our mortgage has been approved- so all we have to get through now is two inspections. Our contract gives a closing date of December 15th and includes a 10 day extension clause. We're dealing with some state money here, so it is entirely possible that we'll end up taking advantage of that clause.

That being said, we need to submit our 30-day notice for the apartment we're living in now. What happens if we give notice for the 21st and closing gets delayed? Is there something I need to write into the letter that gives us the option to stay through December if necessary? I do intend to pay December's rent entirely and ask for a prorate refund after we leave.

Any insight is greatly appreciated.

~Ad
 


Leinalani

Member
aButler said:
What is the name of your state? SC

My husband and I were notified today that our mortgage has been approved- so all we have to get through now is two inspections. Our contract gives a closing date of December 15th and includes a 10 day extension clause. We're dealing with some state money here, so it is entirely possible that we'll end up taking advantage of that clause.

That being said, we need to submit our 30-day notice for the apartment we're living in now. What happens if we give notice for the 21st and closing gets delayed? Is there something I need to write into the letter that gives us the option to stay through December if necessary? I do intend to pay December's rent entirely and ask for a prorate refund after we leave.

Any insight is greatly appreciated.

~Ad

Why don't you talk to your LL and see what you can work out with that person? If I were in your situation, I would just pay 'til the end of the month so that, if anything, I'll at least have a roof over my head.

You need to take into consideration that your LL does not have to give you any extension to your original move out date should the closing of your house take longer than expected. It's your responsibility to make sure you have somewhere to go, not his/hers. So the best thing to do would be to talk to your LL and maybe come up with some sort of compromise or just pay 'til the end of the month. At least if you stay 'til the end of the month and your house closes on time, you'll have more time to move. =)
 

south

Senior Member
I concur.... Your landlord needs to know where he stands due to the fact he has to advertise and arrange to re-rent, ask your escrow company when they expect to close if they cannot give you a solid date you can bet it will drag on for one reason or another....




Leinalani said:
Why don't you talk to your LL and see what you can work out with that person? If I were in your situation, I would just pay 'til the end of the month so that, if anything, I'll at least have a roof over my head.

You need to take into consideration that your LL does not have to give you any extension to your original move out date should the closing of your house take longer than expected. It's your responsibility to make sure you have somewhere to go, not his/hers. So the best thing to do would be to talk to your LL and maybe come up with some sort of compromise or just pay 'til the end of the month. At least if you stay 'til the end of the month and your house closes on time, you'll have more time to move. =)
 

aButler

Junior Member
It really does make most sense to allow myself December in full... I'll probably be able to get more of my security deposit back that way, anyway. ;)

Thanks for the reality check! :p

~Ad
 

LindaP777

Senior Member
FYI - if you are under a lease or month to month, chances are your landlord will not prorate December's rent anyway. The whole month is due the 1st (or when ever your lease says it's due) not just 21 days.
 

efflandt

Senior Member
When I bought a home about the time my lease was expiring, I knew that they had vacant apartments and would not mind taking my money month to month when it took a bit longer than I thought to move and clean up on my own. But like everyone says, pro-rating for part of a month is unlikely, so I gave 30 days notice when I paid before the 1st of my last month.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top