Termination Of Tenancy - Confused
I just settled last Friday on my first property.. a duplex in Philly PA. I want to move into the one unit and am preparing the termination of tenancy notice and have a question.
Here's the deal:
lease expires 8/31
month to month begins 9/1
60 days notice is written in the current lease and the month to month addendum (from the previous owner) says only that it will be a month to month rental agreement as of 9/1 and everything else remains the same per the lease. So I assume I still need to give 60 days.
If I give the notice on this Friday (8/27) ... Can I say to vacate by 10/31 or since the rental agreement actually begins 9/1 does that then mean its 60 days from then, which puts me at 11/1, and if so does that mean they have till the end of November?
Thanks.
Sounds to me like it would be 60 days from the date of the notice. Dates would make no difference. You may be able to get them out earlier as I'm not sure you can be held to the terms of the lease once they go month to month. Talk to a local atty about that one.
[addsig]
The Termination of Tenancy Notice is used to give proper legal notice to your tenants that you wish to end the landlord / tenant relationship.
if the tenants fail to vacate by the deadline stated in the notice form.
The Termination of Tenancy Notice form also provides for a monetary daily penalty (or "daily rent"
In the event you'd like to explain any reasons for giving the notice to terminate, the form has a central area to list any explanations or comments you wish to convey to the tenants. For month to month tenancies, you are not legally required to give the tenant a reason for terminating the tenancy if you have given the proper amount of notice.
Because the Termination of Tenancy Notice is a legal notice you may need in court, it should be sent by certified mail and served personally to the tenants so you have proof of service.
In the event you do not have a notice to vacate period agreed in your lease, the state notice period will prevail. In most states, the minimum notice is 30 days.
Remember that the notice period officially begins at the start of the next rent period. For example, if the monthly rent is due on the 1st of the month, the Termination of Tenancy Notice should be served or delivered to the tenant before the 1st.
I suggest the following link for your area http://tenant.net/Other_Areas/Penn/harris/pa-part5.html