If I’m renting an apartment from month-to-month, do I have to give a 30 day notice to vacate?

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If I’m renting an apartment from month-to-month, do I have to give a 30 day notice to vacate?

I have been living in my apartment for 9 years. They have begun renting to section 8 clients. There have been robberies, brake-ins etc. I have sent them certified letters concerning my repairs, and the agents stated they have changed management so they do not know anything, no repairs have been made. They moved around leasing agents they did not change management per say. Also, I paid $250 pet fee, 3 years ago for my dog. They requested documentation and I gave them a copy of my last lease, with my pet Info attached, I was told they needed a receipt. The least did not mean anything.

Asked on June 14, 2012 under Real Estate Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a month-to-month tenant, you would have to give thirty days written notice in order to vacate the premises.

If the repairs which the landlord hasn't done are housing code violations, the landlord is in breach of the implied warranty of habitability.  The implied warranty of habitability is in every lease and requires the landlord to maintain the premises in a habitable condition by complying with state and local housing codes.  When there is a breach of the implied warranty of habitability, the tenant notifies the landlord and the landlord is required to respond within a reasonable time by making the necessary repairs.  If the landlord fails to respond within a reasonable time, the tenant has the following options:  The tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction.  Another alternative is to sue the landlord for breach of the implied warranty of habitability.  You can also contact the local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.

Again, not all repairs rise to the level of a breach of the implied warranty of habitability.  If the repairs the landlord has not done involve health or safety issues, those are probably housing code violations constituting a breach of the implied warranty of habitability.

As for the criminal activity of other tenants, the laws vary from state to state, but that might not be sufficient grounds to move out without notice.

 


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