What is the name of your state? I am in Oregon. My question is this. My father in-law was given a 30 notice to move. Not evicted, he is on a month to month. He is upset because the manager of the property is making him pay for time that he will not be in the premises. He will be moved out by October 31. She has stated that he will owe for 6 days in November. Can she do that? The only reason we can figure for this is that she doesn't want to make time for the final walk through until Monday the 6th. Does he have to pay the extra funds if he is going to be completely out of the property? I welcome all advice on this matter. Thank you. John
The LL is incorrect on several issues.
1.) A notice to vacate MUST be PROPERLY delivered to said tenant ON OR BEFORE the next rental period. We will assume under OR law, a MINIMUM of 30-days notice must be given, AND your rental payments have been made on the First of every month. That being said, the LL MUST gibe the tenant the WRITTEN notice to vacate ON OR BEFORE OCtober 1, if they want the tenant out on Nov. 1. Since the notice was given on Oct. 6, the earliest the tenant would be legally required to move is Dec. 1
2.) A LL CANNOT force a tenant to pay for extra days they are not in the unit UNLESS the tenant specifically allows it in their lease, or written agreement, AND it is not illegal under OR LL/T laws.
It would behoove your father-in-law to request a formal walk through with the LL IN WRITING sent via CRR. IF the LL refuses, or does NOT respond, send another CRR letter informing the LL of their refusal or lack of response and include in the letter that if NO formal walk through is given, you the tenant will assume the rental unit is left in conditions the LL agrees upon. Also send a letter informing the LL of a forwarding address, and a demand for the security deposit. Of course send everything CRR and keep copies. If a letter is returned, DO NOT OPEN it as it is evidence of your attempt to contact the LL should it ever proceed to court...