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    Post: 30 day notice on then off then on

    Posted by Louis Crowley on 8/07/08


    was initially under a 6-month lease from the period of
    12/07/07 to 6/07/08. Since the 7th of June I have been a
    tenant at will as the house was put up for sale. During
    this time my rent payment date has been the 7th of the
    month.

    On Monday July 21st I was informed that an offer was put
    on the property and on Thursday July 24th I received a
    certified letter stating my 30 days notice to vacate. I
    was also informed that the date of closing would be Friday
    August 29th.

    Following this, I was contacted by the landlord, Judith
    Cullen, and her real estate agent Nancy O’Brien of
    Coldwell Banker on Wednesday July 30th and told
    specifically that the buyers had backed out of the sale
    and that I could "Stay as long as I like" as Mrs. Cullen
    had put it.

    After hearing this I still chose to move and had finalized
    a decision on a location that I originally could not
    accept because the move in date would be the first of
    September. However, upon hearing of the sale falling
    through I contacted the new property and signed a contract
    for a September 1st, 2008 move in date.

    However, I was recently contacted on Tuesday August 5th
    informing me that the sale of the property was back on by
    the original buyers as they had changed their mind. They
    had also changed the closing date to the 25th of August so
    the landlord would like me out by the 24th of August based
    on the fact that I was previously given 30 days notice on
    the 24th of July.

    My question is whether or not the notice of 30 days is
    still valid considering that I was told that the sale had
    fallen through and I could "Stay as long as I like". The
    obvious difference being that the 30 days notice was
    certified mail and the issue of the sale falling through
    and allowing me to stay was merely verbal over the phone.

    My second question would be what my actual date of
    vacating the property would be since my rent payment is
    due the 7th of each month even though I have been a tenant
    at will. I understand the law being that it should be 30
    days or one payment period from the date of payment
    whichever is longer. So therefore would my actual date to
    vacate be September 7th? I have sent a check for this
    months rent covering August 7th-September 7th but it has
    not been cashed as of yet.

    Of course the big issue is that I did find a new rental
    property and signed a contract to move in on or around
    September 1st.

    Thank you very much for you time,

    Posts on this thread, including this one
  • 30 day notice on then off then on, 8/07/08, by Louis Crowley.


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