Tell Me What My Rental Contract Means!?

Yes -you will lose the $1000, but it clearly states you were on month to month starting 1-5-10. You also must give a written, 20 day notice that you're vacating the premises, or you could be held liable for rent for that month.

IMO -- You did NOT sign a 2 yr rental agreement. You will forfeit $1,000 for leaving before 1/5/2012.

In WA it's typical for a year or 2 year contract to go month to month when you renew, and you can count on that as standard, UNLESS it specifically states otherwise.

Yours says (quite specifically) month to month AND then goes on to state that you have to give 20 days notice. AKA you're month to month. The 20 day thing means that you have until the 10th or 11th of each month to give your notice BUT "The notice shall terminate the tenancy at the end of the rent period." means that you can give notice on the 1st, but not have to be out until the last day of the month. So you don't have to give your notice *exactly* 20 days in advance, but at LEAST 20 days in advance.

HOWEVER, your deposit is up for grabs. You can argue that you have lived there for more than 24 months (since this is a month to month extension of your prior lease) and should be returned it. They can argue that this is a "new" contract and in order to get your deposit back you have to stay there for another 24 months.

Having rented extensively in Seattle area... a 24 month lease says so. It states something along the lines of "Term : 24 month lease to be paid monthly" ((as opposed to Term: month to month)) and goes on to state that if you vacate early you'll be responsible for paying the full 24 months until the unit is rented again or that you'll be responsible for 60-90 days worth of rent as a "penalty".

So yes... at worst... you'll forfeit the $1,000. At best, you'll get a couple hundred back after they charge for cleaning.

Now... someone may have just grabbed the wrong form... but it's a legal and binding contract. You're month to month honey.

PS... Also in WA different types of properties are required to pay for their own wear and tear. An example is (as of 2 years ago when we bought our house, and the last time I checked with HUD) ALL apartments have to repaint at their own expense after 1 year and recarpet after 2 years. So they can't charge you for those things, since you have been in continuous possession. Houses, on the other hand, have different requirements. Call HUD up for up to date details.

Based on the first and third paragraph, it sounds like you can vacate without penalty with 20 days notice. The wording in the second paragraph is what throws in the monkey wrench. I'd say, worst case scenario expecte to forfeit the $1000.

How was your first agreement worded? If it was the same way, then you will likely forfeit your entire deposit. Not a bad option if you are getting more for your money at the new place.

I agree, check the wording on your first lease. First and third paragraph sound like month to month. Then call your landlord and say 'according to our current month to month lease, I'm calling to inform you that we are planing to move. Just wanted to give you verbal notice and will be sending a written notice to you.' Something along that lines.

Beginning 1-5-10 you are on a month to month basis. You should be able to get your deposit back since you have already had a tenancy of 24 months, IF it is clean and undamaged.

Sounds like you had a 2 year lease from the start ('08) and then when it came time to renew you were rolled into a month-to-month lease. This isn't that uncommon, really. They will still only have to pay to have the place cleaned one time when you vacate. You have been a good tenant from the sounds of things. You are locked in (protected) on the RATE you will pay for 2 years. In other words, it is month to month, but they can't raise your rent rates for 2 years should you stay the entire 2 years. But your lease term can be broken at any time during that 2 years, by a 20 day written notice. It sounds like giving notice will cause the lease to terminate "at the end of the rent period"... which I would read to mean that if you give notice on the 8th of the month (more than 20 days out) that your lease terminates on the 5th of the following month, since your agreement was signed on the 5th. Unless there is other language that addresses the "rent period". The only downside is that if you do tender your 20 day notice, then you will forfeit the deposit. You also will be required to let the property management "show" the property WHILE you are still residing there, should they have a prospective tenant that wants to look.

The contract is month to month. You already fulfilled the tenancy of 24 months with the first rental agreement, you have lived there for 30 months. As long as you give him 20 days written notice you should get back what's left of your $1000.00 deposit after cleaning/damages/rent from the day you move out. As an apartment manager I love it when people give me as much notice as possible, I don't care if you are gong to stay longer than 20 days just as long as you give the minimum.

I have a move out check list I would give to people when they gave me verbal or written notice. 1. Clean everything, including under the fridge, it does roll out. 2. Take pictures or make a video of your walk through after you have moved out. 3. Ask for a copy of all receipts for deductions from your $1000.00 deposit, you want and itemized receipt at the end. Make sure to ask for paint. I on the list I would give to tenants would tell them to give me an empty clean & dry plastic bowl with a lid to put paint in (yogurt) so they could spackle & paint themselves because it was $65 a wall if I had to pay for the work to be done. Spackle cost less than a $1.00 at Home Depot or Lowe's & you can do it with your finger. I would keep all your receipts if you have anything done & make a copy & give it to him so he may not double charge you if you have something like carpet cleaning done.

I have been able to give many a renter back their full deposit because they followed my list & did the work themselves, I have even rerented to some who travel. If you have any questions don't hesitate to call ###-###-####.

If you give notice today July 1st you can move out as early as the 20th because even though you pay from the 5th to the 5th of each month you have given minimum notice. He will have to pro rate your rent $1375 divide by 30= $45.83 a day or $687.50 for 15 days this can be taken out of your deposit don't pay another months rent even if he asks for it. If there is more than $312.50 in cleaning expenses he will have to send you a statement asking for it. He has 30 days from your official move out date to do so. If he doesn't get your paperwork to you on time. On the 32nd day you have the right to request the whole deposit back. Me personally I would move out on the 17th & use the 18th-20th to clean,paint & schedule a walk through together with your landlord. You are not being a bad renter by asserting your rights.

looks like you are golden, but contracts are tricky and it wouldn't hurt to run it by a professional or better yet, discuss it with your current landlord. it sounds as if you have been good tenants and have a good relationship with him.
congrats on the new big digs and the impending baby!
:) khairete
S.

L., are you in Washington (your ID says Bothel) or Oregon? The laws about these things are different in each state.

The reason I ask is because in Oregon the lease cannot say you lose your deposit if you do not stay for a minimum amount of time but your lease is a month to month lease. Talk to your landlord, and then talk to a lawyer if your landlord is not reasonable.

I am an apartment manager and it sounds like you are month to month but, that if you leave before then end of the 24 months you basically give them your deposit.

If you were being held to a 24 month lease then what is usual and customary would be that you give 30 days notice and pay 1 1/2 months rent to break the lease. You are getting out of it fairly cheap.

To me it says, you are month to month but need to give 20 days notice before moving and you forfit the $1000

You have already fulfilled your 24 month contract and as of 1-5-10 have been on a month-to-month lease.
Since you have been there for 24+ months, you will receive your deposit.
I see others have said you won't receive your deposit but the terms state specifically "Deposit will NOT be refunded if tenancy is for a period of LESS than twenty four (24) months." You have been there for 29 months. This fulfills your requirements (pending that there is no damage or major cleaning that will need to be taken out of the $1000), then you should receive the deposit in full.

Sounds like you're in washington with the 20 day notice?! Typically you would need to give notice by the tenth day of the month for the end of a paticularar month.. So if you want to move out the end of July, you would give notice by the 10th of the month

now if this is all the contract says and no where does it state a term of say 1-5-10 through 1-31-11, then yes by what that says you are just month to month and should be able to move out the end of July with no penalty! No loss of deposit either.. They either wrote the contract wrong or it truly is just month to month but would have to see the whole contract to know for sure!

Good Luck!

It says the "term of tenancy" is on a month by month basis so yes, you can break the lease and only forfeit the deposit.

My question is, why did you have to pay ANOTHER deposit when you renewed the lease? What happened to your first deposit? Did you get it back at the end of the first rental contract period and then turn around and give it back for the new deposit? If you are still going on your first deposit (without all of the give it back rigamarole) then you should be able to get that back too, since you were a tennant for longer than 24 months since you paid that deposit.

It is month to month in the sense that you can chose to move out within that 24-month period (good clause), however it does sound like you would forfeit the $1,000 deposit. If the other house is worth it, I dont see any problem.
You might also talk to your landlord about it, if you have a good relationship with them they may work with you on that. If you can find a suitable renter to get in forfore the month is over then they may be willing to gie the deposit back as they will not have any rental income loss. I have heard of this working in the past....worth asking. :)

actually that is not the worst case senerio...I would have to see the full contract to be sure but alot of rental agrees state that it is on a month by month basis even if there is an agreement for a yr (or in your case two. you should speak to the renter. if he does state the end date of your lease in the contract some states have a law that says that he is entitled to the money you would have paid for the months you agreed to be living there

Contact your landlord, they will answer any questions you have. You don't have to tell them you are wanting to move, just tell them you aren't understanding exactly what the wording in your lease is saying.

See a lawyer, don't ask a layman for advise. You will only get in trouble that way. A lawyer may seem expensive at first, but she/he will save you money in the end.

That's how I read it :) Month-to-month but you've technically lived their more than 24 months so you should be able to get your $1000 back under the conditions. Just need to give 20 days notice. I would include in the notice that you are requesting your $1000 refund back upon moving out.