Legal Question in Real Estate Law in Idaho
Are they legally required to give a notice if their lease expired 2 months ago?
My daughter informed her landlord 2 months ago that they could not afford the rent (job situation changed) and needed to move out. The landlord talked them into staying by saying ''pay rent whenever''. They haven't been able to pay the rent for October. My daughter called Monday and let her landlord know they had no choice but to move right away. The landlord was understandably upset and told her they had to stay until December 1st and were required to give a 30 day notice. Wednesday the landlord called and told her, ''It would be better for us if you were out by this weekend, we've already had 3 calls on the apartment. Someone will be there in a half hour to look at it.'' My daughter planned everything to get out by this weekend. The landlord called this morning and told her ''That person never called back, so you'll have to stay and pay us through at least the 10th. Oh, by the way, we are going out of town on vacation next week. You'll show the apartment for us, right?''
What should they do? They have no money to pay this month's rent, much less 10 days into next month.
1 Answer from Attorneys
Re: Are they legally required to give a notice if their lease expired 2 months a
on a month to month tenancy written notice is usually required. However, since the landlord waived written notice, I'd have the girls move out immediately. They should note the time and date that these conversations were held, including who was present and what was said in case they need to testify about this later. If he left the mess for them, keep the tape if it was taped on an answering machine. They are the ones at risk here. He can file to get them out with a 3 day notice and file an action to get them out for non-payment of rent. Get them out of there. Deal with any other issues once they get out of there.
Its possible they could be held liable for 30 days rent but not if the LL waived it.
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