If a vacating notice that was dated on the 1/2/05 stated that the tenants MUST leave by the 1/3/05, and the rent was paid ONE day after the notice was written,
then:-
1.Does that mean the vacating notice is inactive?what if the landlord then decides to tell you that you must STAY until they find tenant??-
and if you dont stay then they will take the bond from you until they find tenant??PLEASE HELP
-aumeow
Ask the managing agent your rights and obligations. They will, if any good, spend the time to be very clear where you stand.
Good Luck
DD
PS146 Certified Financial Planner
Don’t sweat the small stuff,and it’s all small stuff!!GENERALLY the notice remains active if it was issued due to a default in the rental payment (I am assuming this is the reason because you say the rent was paid the next day). The default still exists even if it is now paid so it needs to be in writing if it is to be withdrawn.The landlord can’t have his cake and eat it too. If he decalres the notice inactive and there are no further breaches of the agreement, the tenant can stay until the end of the lease.
However if the tenant breaks the lease, is kicked out as a result then the landlord is usually entitled to loss of rent over the period until a new tenant is found or the original lease term expires.
I say generally because it will vary from state to state.
markk
Happy Hunting
http://www.kentscollections.com
You must be logged in to reply to this topic. If you don't have an account, you can register here.
