Proif a landlord is in breach of contract do i have to give him a 30 day notice if i am on a month to month?

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Proif a landlord is in breach of contract do i have to give him a 30 day notice if i am on a month to month?

my land lord calls 10 min before someone comes over to look at one of the rooms for rent, sometimes he calls 10 min before there here or sometimes he doesn’t even say at all and just comes with out me knowing. i’m now on month to month. can i move out without having to give a 30 day notice because of this? the landlord is also doing re-modeling next door and at times it’s 11:30pm or later and they are still making alot of noise.

Asked on June 28, 2009 under Real Estate Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Even though it appears that your landlord is taking advantage of the situation and making life difficult to enjoy in your apartment, it is best if you take the high road and give 30 days notice that you intend to leave.  You do not want to be a part of a landlord tenant proceeding for the rent.  Also, it appears that you used to have a lease that has expired.  If you have a security deposit protect it by requesting that the landlord do an exit walk through with you to make sure that everything is fine.  Have the landlord sign something that says all is well.  If he has a concern about the  condition of the apartment  at least you will know up front and can negotiate something.  And take pictures of the condition he is concerned about and the apartment in general.  


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