I have just received via mailman a 30 day notice certified letter from my landlord stating I am on a month to month

Expert's Assistant chat
Customer: I have just received via mailman a 30 day notice certified letter from my landlord stating I am on a month to month lease and that I have 30 days from the time of delivery of written notice to vacate the property.
My question may sound silly... but I assume this means landlord is not interested in receiving my rent check for July and therefore I should not send the rent check via snail mail?
Answered by NYFamilyAttorney in 1 min 12 months ago
imglogo
NYFamilyAttorney
10+ years of experience
logo

7944 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
NYFamilyAttorney
logo
logo
7944 Satisfied customers
logo
10+ years of experience
imglogo
NYFamilyAttorney
10+ years of experience
logo

7944 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

NYFamilyAttorney, Expert

Hello and thanks for using Just Answer. I’m a licensed attorney with 41 years’ experience in family law and appeals. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. Also – I will be typing my answer for you so I’ll need a little time to type.

You can ignore any requests for phone calls –the site asks for that, I don’t.

When did you get this notice? Today? When do you pay your rent, the 1st of the month? Thanks.

Customer
I will wait for the lawyer I spoke with previously because my issue is related to Landlord Tenant law
img

NYFamilyAttorney, Expert

I'm a landlord-tenant attorney but if you'd rather speak with someone else, that's up to you.

Customer
OK well you said family law
Customer
I will be happy to speak with you
img

NYFamilyAttorney, Expert

In fact, I did landlord-tenant law as my first job out of law school for several years, so I answer Landlord-tenant questions here.

Customer
I have been served a 30 day Written notice for vacating the home/property I have lived on as a tenant for 16 years (never missed a rent check).
Customer
The Written letter states I am on a month to month lease.
Customer
I was going to mail the rent for July rent today.
Customer
I assume I should not send the rent for the month of July since the Written notices states I have 30 days from receipt of the Written Notice which is today's date.
img

NYFamilyAttorney, Expert

Okay thank you. Do you pay on the first of the month?

Customer
Landlord has been very vague when I have said to her, if I send her the check and she cashes it, I am good to remain here (with four dogs) until August 1st.
Customer
Hi
Customer
Rent is due on July 1
Customer
I have paid a security deposit.
img

NYFamilyAttorney, Expert

Okay, and what state is this in?

Customer
I may make her go through a legal filing of Eviction to buy myself additional time.
Customer
I cant buy a home to live in overnight.
Customer
or find a place to rent with four dogs overnight.
Customer
Indiana
Customer
Valparaiso, Indiana
Customer
She mentioned she had a buyer who wants to pay cash and close in 30 days.
Customer
After 16 yrs of paying rent, I would think I would have a little more time than 30 day notice.
Customer
I have taken action and applied for a mortgage loan for which I qualified for a loan. Not enough of a loan to purchase the home that sits on 8 acres.
Customer
The COVID moratorium has been pushed till end of July by Biden.
Customer
If I do not pay rent for July 1st.... can she still put me out in 30 days ?
Customer
during a COVID extension till end of July?
Customer
This is why I thought it helpful to speak with someone who's primary focus of law is landlord tenant dispute.
Customer
I can be guided how best to meet this challenge and be armed with information that may allow me to buy more time.
Customer
My landlord asked me if I heard back from my mortgage loan officer.
Customer
I told her via Text, yes
Customer
Then she asked me how much was my mortgage loan amount ?
img

NYFamilyAttorney, Expert

That's good for her but that doesn't concern you. I understand.

Technically, you have until July 31 to vacate. If she wanted you out at the end of June, you had to be served by May 31. If she wanted you out in July, you have to be served by June 30 but that gives you till the end of July.

She's not allowed to just throw you out. She'd have to do an eviction to get you out. Technically you can stay there till July 31 because your month to month is from the first to the end of the month.

If you don't want to get into a hassle with her, then you can vacate in 30 days, which would give you just a few days less than the end of July. That's up to you. To avoid a hassle, you can vacate near the end of the month, but then she'd have to pro-rate your rent. If you stay till the end, you'd have to pay the whole month.

Customer
AT that point, I did not feel comfortable providing that information to her.
Customer
She had her Realtor call my mortgage loan officer for that information.
Customer
My loan officer called me and when I told him who she was, my landlord's Realtor, he agreed it was none of her business if I did not agree to make my loan amount my landlord's business.
Customer
That is why I think I received the 30 day notice today.
img

NYFamilyAttorney, Expert

I still do landlord-tenant cases. You can get a second opinion if you'd like here. People ask for second opinions all the time.

It's not her business where you're going, or anything of that nature -- that's your personal business, not hers.

You can tell her you technically have till the end of July if you want to tell her that. Then you can see if you can negotiate with her for more time if you need it.

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!

Customer
do you advise that I send her the rent check for the month of July at this point?
Customer
Send it certified mail for signature and let her decide if she is going to refuse receiving it?
img

NYFamilyAttorney, Expert

I would wait, because if you're not staying the whole month, you do not owe the entire month and she needs to pro-rate that. So you should talk to her about that.

That's why you may want to mention that you have till July 31 but if she wants you out earlier, she would need to pro-rate the rent. That's what I'd advise.

Good luck to you and I hope this works out for you.

Customer
you advise calling her and asking her to prorate the amount I send to her for July rent?
img

NYFamilyAttorney, Expert

Normally people don't have to vacate in the middle of the month. They have till the end of the month IF they pay on the first of the month, so the month to month term runs from July 1 to July 31.

Customer
Can I live on my security deposit for the month of July?
Customer
you suggest I send her the check as normal for the month of July ?
Customer
if she cashes it then I have until July 31
Customer
if she does not cash it, then I have until the date on written notice 30 days from today's date.
img

NYFamilyAttorney, Expert

I'd explain to her that you have till July 31 to leave, but if she wants you out earlier she needs to pro-rate the July rent. I don't know your relationship with her -- if you can talk to her, absolutely I would talk to her. If she's difficult, then there could be a problem.

Usually people try to use their security deposit as last month's rent but that's not what it's for, although people do that anyway.

Whether she cashes it or not is not the issue here -- it's when you have to vacate. The law allows month to months to stay to the end of their month term, which would be at the end of July. So, you may want to negotiate with her if she wants you out sooner.

Customer
but it would only be till the end of July if I paid to remain here for the month of July by paying rent for July
Customer
which means mailing her a check now
Customer
Do you suggest I send her July rent or do not send her July rent ?
img

NYFamilyAttorney, Expert

It's not whether she cashes it or not, because you can tell her she owes you money if she does and if you're out earlier than July 31. If you want to live on the security deposit, and don't mind losing that, then that's up to you.

I'm just letting you know what your rights are.

No, it's not till the end of July IF you send her a check. It's till the end of July BECAUSE the notice is effective till the end of your month term, July 31. The money has nothing to do with it.

That is why I'd talk to her and work out a deal for a pro-rate first before you mail the rent.

Customer
If I do not send her July rent... I am only paid through June 30 for the month of June only
img

NYFamilyAttorney, Expert

Right, I understand.

That's why I would talk to her, ask her to pro-rate the month's rent IF you're going to move out earlier than the end of the month. I'm trying to make sure your rights are protected.

Customer
I dont think I am going to be out of here by 30 days from today so may push for additional time making her Evict me which will postpone the date of having to leave a little longer
img

NYFamilyAttorney, Expert

You may pay the full month of July and she may still expect you out by July 25. So that's why I am suggesting you discuss this with her. She may think you are moving by July 25.

Okay, you can do that but there's a problem with that.

Yes, she would have to evict you. If you're evicted, you may have trouble renting another apartment, but if you're going to buy something, then that doesn't really matter.

Having her go through an eviction proceeding will indeed buy you extra time.

Customer
in a situation of 16 yrs history of paying rent... if I lose via Eviction process, how much money will it cost me to decide in favor of pushing the timeframe to buy me more time?
Customer
I would think a court would be sympathetic but Indiana being a Republican state and pro landlord state
Customer
may not pan the gold of a positive legal battle in my favor.
Customer
I have rented a small ranch house with 8 acres and I have four collie dogs.
img

NYFamilyAttorney, Expert

I agree with you, this is a terrible way to have you vacate after being there for so long and especially with the dogs. It's not fair and it's not even humane. But unfortunately it's legal.

That being said, that's up to you whether you want to buy time or not.

The judge could order you to pay legal fees but not likely.

A court should be sympathetic for: 16 years there, and 4 dogs

You may have rental costs of another place, not necessarily much in the way of legal costs if you do this yourself.

Customer
Can I file for a hardship ?
Customer
a hardship plea asking for more time from the courts?
Customer
Is that possible?
img

NYFamilyAttorney, Expert

You can certainly try. Yes, you can ask the court for that. But if you do, you're better off getting a legal aid lawyer to ask for you.

Customer
you would advise me to search/find a legal aid lawyer in the town I live in of Valparaiso Indiana to learn if I can file a hardship plea for more time?
img

NYFamilyAttorney, Expert

You can post another question in a new post, because this one has been maxed out. But I wish you the very best of luck here. I've given you some alternatives that you can use, and it's up to you to decide which way you want to proceed.

You can not mail the rent but I would honestly suggest talking to her to see if you can work something out.

Yes, I would suggest that. I can help you find a lawyer if you want.

Customer
if you can help me find a lawyer to talk to... that will be great!
Customer
I dont understand why you say I cannot mail the rent
Customer
when the rent for the month of July is due on July 1st
img

NYFamilyAttorney, Expert

I'm more than happy to do that. Please know, I want to help you and that's my function here. I'm an attorney for 41 years with a background in several types of law.

You can certainly mail the rent. If you don't think you're going to be out by the end of July, then yes, you need to mail the rent.

img

NYFamilyAttorney, Expert

I think you misunderstood. I'm saying yes, you can mail the rent. I didn't know whether you were vacating earlier, though, in which case you would want to have your rent pro-rated. That's all. I'm just trying to protect you.

Good luck with this. Let me look for legal aid for you in your town. I'll be right back.

Customer
how will I receive your landlord/tenant legal aid referral? Here now? Or later somehow?
Customer
I was not told there is a time limit for asking questions.
Customer
In fact, just the opposite
img

NYFamilyAttorney, Expert

Right now -- this is what I found.

Are you in Porter County?

Customer
As many questions as I want until June 26
img

NYFamilyAttorney, Expert

I'm happy to help you.

Sure you can ask as many questions as you want. We're just not allowed to stay with the same question for a long time.

Here is the listing I found:

https://www.justia.com/lawyers/landlord-tenant/indiana/porter-county/legal-aid-and-pro-bono-services

Customer
OK... thank you very much.
img

NYFamilyAttorney, Expert

I wish you the very best of luck and I hope you are able to secure housing for yourself and for your dogs. I have two golden retrievers, so I know how hard it is to find places that take dogs.

Good luck to you!

Customer
Thank you for understand and for your well wishes. I do think in the end it will be a win win resolution... just a few snags before the end result. Enjoy a productive day and thanks again.
img

NYFamilyAttorney, Expert

You're most welcome. I've added my other qualifications to my opening. I was just trying to keep my greetings short but I understand you didn't see landlord-tenant so that's why I added it. I also answer estate and legal questions as well.

I hope everything goes well for you, I mean it. I truly hope you can get out of this arrangement with her without hassles, but she should be rather ashamed at her treatment of a 16 yr tenant with 4 dogs!

Be well!

Customer
Thank you for understanding.... your words mean a lot.
img

NYFamilyAttorney, Expert

You are most welcome. I'm concerned for your well being and hope that this works out for you.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer