Legal Question in Real Estate Law in Kansas
lease is up, giving notice
my year lease ends on oct 31st. do i have to give a 30 day written notice to move out? my landlord called me back today, oct 1st to ask me if i wanted to sign another year's lease or if i was moving at the end of the month. i told her i did not want to renew and would move out by the end of the month, and she told me i had to give a 30 day written notice at least 30 days prior to the next rent paying date, so i would be responsible for november's rent. is this true? also, if they evict me for non pay this month, am i still responsible for november's rent? thanks!
1 Answer from Attorneys
Re: lease is up, giving notice
The answer to question relies a great deal upon the wording of your written lease agreement. Generally speaking, if you have a year lease that ends on October 31st, you have to be out by October 31st, but do not have top give any further notice. However, many lease include paragraphs wherein the lessee (you) and the lessor (your landlord) agree to specific notice requirements, or automatic renewal or automatice conversion to a month-to-month lease. I do not know if yoru lease contains this information. If it does not, then you must be out by October 31st, and cannot be evicted sooner, as long as you have complied with the terms of your lease. Did you pay the October rent? It is adviseable that you insist on the landlord or their agent doing a walk through damge and cleaning inspection upon your move out. You should contact them now (in writing and by telephone) to schedule this for the 30th or 31st, or whenever you are vacating. This way you can better insure tht you will get your deposit back timely. You must also give the landlord a reliable mailing address (in writing) so they know where to send the deposit refund.
Good Luck,
Tony Smith