Lawyer mags: lease question

**sar13** · 10-06-2006, 11:46 AM

Since someone here knows something about everything:

Lease in question reads that either party can terminate the agreement with “one full month’s prior notice in writing”.

Question is: Is one month necessarily the 1st to the 1st or is it any 31 day period such as 15th to 15th? Also, the lease agreement began on the 1st of the month and is specifically a month to month lease for a period of 6 months.

In this case the landlord (not me) wants to get out and raise the rent ASAP but isn't sure if he has to wait until Nov 1st thus not freeing up the unit until Dec 1st.

Any thoughts? Thanks in advance.

**MakersTeleMark** · 10-06-2006, 11:59 AM

In Colorado, we have a specific statute which addressess your very situation.

I would have added "prior to the end of any lease term" if that was the intent. As it stands, one month is a month, and it is not connected to any language referring to the lease term itself.

But, if your landlord is confused, then go with that and say whatever you want.

**Steven S. Dallas** · 10-06-2006, 12:02 PM

I don't know what the deal is in Wyoming, but I'm pretty sure that at common law a month-to-month lease would terminate at the end of the next full month- the natural term of the lease. So in this case, it would be December 1, not the whateverth of November.

edit: I bet a lot of states have a statute like the one Maker's mentioned.

**Snow Dog** · 10-06-2006, 12:19 PM

Up here, if you renting by the month (typically the first day - last day of the month) then a notice on the 15th would take effect at the end of the following month. It catches a lot of renters since they give notice when they pay their rent on the first -- it takes effect at the end of the following month, not the current month.

The "one month's notice" is the minimum.

**MakersTeleMark** · 10-06-2006, 12:32 PM

I agree with what has been said above, but the language of the lease will trump any common law regarding m2m termination. Also, he says it's m2m, but also for a term of 6 months, which doesn't really add up, but which is also irrelevant.

**Steven S. Dallas** · 10-06-2006, 12:42 PM

Double true.

**upallnight** · 10-06-2006, 01:03 PM

doesn't the law favor the landlord up here?

friends who are landlords have told me that 30-day (/1-month) notice from the date of notice (i.e., not from the 1st of the next calendar month) is standard.

**sar13** · 10-06-2006, 01:45 PM

Thanks for the replies. Just for clarity I am neither leasee nor leasor in this situation. Just trying to help out a friend, who is the landlord.

I thought the month to month for 6 months was strange too but I guess that means that it is a month to month lease, the terms of which are good for 6 months before having to be renewed/renegotiated.

Still not sure if my friend can give notice next week and demand the renters either be out on Nov. 15th or agree to payign more rent, which is what he would like to do. Seems like that could be a problem if they fought it.

I've recommended that my friend consult a local attorney. Seems like that is the best solution.

**yogachik** · 10-06-2006, 01:58 PM

I'm not a lawyer, but I watch a lot of Judge Judy, and this comes up a lot (what can I say, it's a guilty pleasure). It's 30 days from the day when rent is due. If they pay rent on the 15th, it's 30 days from the 15th; the 1st, it's the 1st, and so on. No one can arbitrarily pick 30 days, when both sides are expecting either a) a place to live or b) the rent.

**Art Shirk** · 10-06-2006, 02:18 PM

Originally Posted by yogachik

I'm not a lawyer, but I watch a lot of Judge Judy, and this comes up a lot (what can I say, it's a guilty pleasure). It's 30 days from the day when rent is due. If they pay rent on the 15th, it's 30 days from the 15th; the 1st, it's the 1st, and so on. No one can arbitrarily pick 30 days, when both sides are expecting either a) a place to live or b) the rent.

Ding Ding.

**upallnight** · 10-06-2006, 04:47 PM

Originally Posted by yogachik

I'm not a lawyer, but I watch a lot of Judge Judy, and this comes up a lot (what can I say, it's a guilty pleasure). It's 30 days from the day when rent is due. If they pay rent on the 15th, it's 30 days from the 15th; the 1st, it's the 1st, and so on. No one can arbitrarily pick 30 days, when both sides are expecting either a) a place to live or b) the rent.

wyoming laws reeeeallly favor the landlord, though. california law is much more favorable to the tenant. (not sure if LA is different from SF, but SF law makes it damn near impossible for the landlord to do anything if the tenant continues to pay rent, and the lease automatically goes month-to-month.)

sar: my landlord friends have done mid-month evictions (well, just terminating the lease with 30 day notice) regardless of the time rent was due. in fact, i know of several situations where people got 2 weeks' notice (which i think is a raw deal). i'm not a lawyer but have seen this happen.

the evictions were not done purely to raise rent. that could make a difference (and be less defensible, although i think any landlord can terminate for any reason round hurrrr).