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Tenancy Problems - Document Serving

 Related Legal Forms Provided by LawDepot.com
- Notice of Intent to Vacate
- Letter of Intent
Q: Hi,

I am in a month to month rental agreement for a 2 bedroom apartment. I gave my move out notice late ( on 4th).
Is my landlord responsible to do reasonable efforts to rent the apartment starting June 1st ?. As of now, more than a week after I gave the notice, the sign in front of the building list a 1 bedroom vacancy but not a 2 bedroom. He gave us notice that we need to vacate on the end of this month but are responsible for next month rent. If He does not do any effort to rent the place do I have any chance at arbitration not to pay one extra month of rent - Also if he does not rent and I end up paying one more month, am I entitled to use the apartment for one more month ?

Thank You

A: In a month to month tenancy, the tenant is required to give at least one full calendar month's notice of his intention to terminate the tenancy agreement. In the situation you describe, you gave notice too late to be effective at the end of May. Under the rules, the landlord can only accept your notice to be effective at the end of the next calendar month, which means, according to the legislation, that youíre on for the rent money for June, too. If you can negotiate a mutual agreement to end the tenancy sooner, more power to you. If you move out before your notice is effective, the landlord can chase you for lost rent. He is obliged to mitigate his damages however, which means he has to genuinely try to rent the joint out in a similar condition and at a similar rent to that you are paying, and if he can, then he lops off the difference between what he gets from the new guys and what you are due him. If the landlord canít re-rent the joint, youíre on for everything you contracted for, and which means the landlord can come after you for the lost rent and the damages he can prove. Bottom line to all tenants in a month to month tenancy? Like landlords, you too must understand the rules and play by them.


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