My landlord claims she never received my notice of leaving my rental property, and is now trying to charge me and extra month’s rent. What do I do?

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My landlord claims she never received my notice of leaving my rental property, and is now trying to charge me and extra month’s rent. What do I do?

Gave her about 25 days noticeI am okay with having to the extra 5 days rent for the next monthHand written note deliver where I place my rent check each monthAlready moved out and have been for the last 2 weeks

Asked on June 30, 2009 under Real Estate Law, Oregon

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds to me like you might owe that extra month's rent.  I'm not an Oregon attorney, and there are some state-to-state differences in the law, but in most places, a month-to-month tenancy requires a full month's notice to terminate.  So if your rent day is the first of the month, like most people, and you gave your notice on June 5, that leaves you on the hook for July as well.

However, your landlord has to try to rent the place, and if she does, any rent she gets for July is deducted from what you owe.


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