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Landlord died in Dec, we still haven't heard anything

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dwells

Junior Member
What is the name of your state? ME
Landlord died in Dec, we found out in April, our lease was up May 1.
We sent the back rent to a family member and a note. They called and left a voicemail stating they received the rent and thanked us for the nice note we sent.
In the voicemail, they left a number and said it would be awhile until things were settled and they paid the back fees on the property. We called them back but got voicemail and no call back so far. We have sent May and June rent since then.

I was reading my lease and this is what it says word for word..
NOTICE TO VACATE:
The purpose of this addendum is to change the terminating date from May 1, 2007 to May 1, 2008. All other terms are to remain the same as stated in the TERM LEASE AGREEMENT.
NOTICE TO VACATE -- 60 days notice prior to May 1, 2008.

The original notice to vacate reads this..
In accordance with our agreement to give 60 days notice to vacate , Notice is hereby given that we will vacate the premises rented from you located at (address) on May 1, 2007.
It is understood that should we fail to comply with this notice, we will be obligated for an additional 30 days rent and any loss or damages suffered by you or by a tenant deprived of possession by our failure to vacate as agreed. (our signatures)

With this, will we still get at least 30 days notice to move out?
I really wouldn't be happy if we only had a day or two.

Thank you.
 


BL

Senior Member
Look up your State's LL tenant Laws , and see what notices are required for tenants without a written lease .

Or read your lease carefully to see if it automatically renewed .
 

Alaska landlord

Senior Member
The death of the tenant or the LL does not terminate the lease. You are still afforded the protection of the lease or in the case of a m2m rental agreement the state.
 

dwells

Junior Member
I wrote exactly what the lease states. There is nothing about it auto renewing. That is why I asked the question.
The last page is the notice of vacating and as I interpret it, we should have vacated as of May 1 or signed a new lease which isn't a possibility. I interpreted it as if we wanted to leave prior to May 1 we needed to give 60 days.

I'm reading and re-reading it right now because our fridge died and the wording about appliances isn't clear. All these questions are coming up.

Look up your State's LL tenant Laws , and see what notices are required for tenants without a written lease .

Or read your lease carefully to see if it automatically renewed .
 

BL

Senior Member
I wrote exactly what the lease states. There is nothing about it auto renewing. That is why I asked the question.
The last page is the notice of vacating and as I interpret it, we should have vacated as of May 1 or signed a new lease which isn't a possibility. I interpreted it as if we wanted to leave prior to May 1 we needed to give 60 days.

I'm reading and re-reading it right now because our fridge died and the wording about appliances isn't clear. All these questions are coming up.
Did you look up your State's Landlord Tenant Laws on Month to Month rental , and any other issues ?
 

dwells

Junior Member
30 days mtm but does that notice to vacate mean we go month to month?
It says we vacate May 1. Most leases I've signed said after lease expires it goes month to month. This says nothing of the sort. Does this notice to vacate trump landlord tenant law of 30 days?


Did you look up your State's Landlord Tenant Laws on Month to Month rental , and any other issues ?
 

BL

Senior Member
30 days mtm but does that notice to vacate mean we go month to month?
It says we vacate May 1. Most leases I've signed said after lease expires it goes month to month. This says nothing of the sort. Does this notice to vacate trump landlord tenant law of 30 days?
If your lease had no clause to auto renew , you would convert to month to month .

Both sides need to give the other at least 30 full days notice to vacate ( move out ) .

If you are saying that you gave 60 days notice to leave and you did not leave or give 60 days notice , can the LL take a month rent as penalty ?

That would be the case if you moved and the LL were not collecting rent from you.

In this case you are still living there , caught up on your rent , paid May and June .

They can not just kick you to the curb .
 
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