Do I have to pay rent if I give a 30 day notice?
One of the benefits of renting a home is being able to move without too much hassle. However, you need to follow the proper procedures. For instance, you usually need to give your landlord 30 days notice of your moving date. This brings up a valid question. Do you need to pay your rent after you give your notice?
How the Process Works
If you want to live in your rental unit, you need to pay rent. There are no exceptions. You also need to comply with your rental agreement. Typically, that means giving your landlord at least a 30-day advance notice of your last day of residence.
This notice cannot be done over the phone or in-person. Rather, it needs to be done in writing. You must write a note that tells your landlord you are moving out in 30 days. However, you don’t need to provide too many details.
You can choose to deliver your letter in-person or by mail. If you mail it, be sure to use certified mail. Failing to do so gives the landlord a chance to claim they never received the notice. Your 30 days either begins the day you hand deliver your notice or the date of the postmark on the letter.
Your Notice and Rent
Depending on when you issue your notice, you may or may not need to pay more rent. For instance, you could pay your rent on the same day you issue your 30-day notice. This only works if your rent is due on the day you issue your notice. The issue becomes more complicated if you issue your notice after your rent is due.
Consider this example. Your rent is due on the first of every month. When you decide to move, you notify your landlord on the 15th of the month. In this situation, you would need to pay for an additional 15 days of rent.
What If You Move Out Sooner?
You might have plans to move out of your rental before the 30 days is up. However, this doesn’t impact the amount of rent you owe. You still may owe rent for the remaining 30 days.
There is one exception to this rule. If a new tenant moves in immediately after you move out, you don’t need to pay rent. But there is no guarantee that the landlord will replace you so quickly. There’s a good chance you will be responsible for paying rent for the remaining days.
The Consequences of Nonpayment
Although you might be tempted to skip out on the rest of your rent dues, you should resist the temptation. If you fail to pay your remaining rent, your landlord could take it out from your security deposit.
Sometimes, the security deposit isn’t enough to cover the cost of your rent. If this is the case, your landlord has another opportunity to recoup the rent. He could sue you in small claims court. Although not all landlords will bother with the trouble of a court case, many will. Not paying your remaining rent is a gamble, and it can end very badly for you.
At times, leaving your rental can be difficult. Mark H. Cohen & Associates, P.C. can help you through the process. Contact us with all of your questions regarding your tenancy. With some advice, you can end your tenancy without jeopardizing your finances.