30 Days Notice What's the worst case......

[Lemontwist4]

I'm sure you have all found or will find  yourselves in the same situation I am in. I will get my reply back from USDA next week around the 4th or 5th if I get approval I close on the 12th maybe sooner. Here is the issue I pay rent tomorrow if I give notice tomorrow it will be 30 days right on the dot because we will be paying a full September rent however, what if something happens and we get denied by USDA then we have no where to go. However if I wait until the 5th I will know 100% for sure but it's only 25 days notice. We are renting month to month and we are in a 8 unit building we have the only 3bdr in the unit so there is a waiting list for these apartments and there are 17 buildings so 136 apartments total so we are not talking 1 apartment where we have a anal landlord there will be no issue of re renting fast. So the question is what happens if we do only give them 25 days? Could we just prorate the 5 days rent and pay that?

[Amythyst]

I believe this is more of a question for your apartment complex to answer... what is their policy for notice?  Do you have to give 30 days notice?  This will be more of what they "allow" you to do than what we tell you you "can" do.

[Lemontwist4]

I must not be making myself clear. I want to know what repercussions are there to giving them only 25 days notice? Their policy is 30 days notice well it was on the lease that was up 3 years ago however legally what can they do if I only give them 25 days. Could someone who has experience on this or is in this situation please share their personal experience of what they have done or intend to do or someone with legal experience. The lease does not say what happens if you don't give 30 days!

[tooleman694]

Just give them 30 days notice and dont find out what happens of you dont. This will give you time to move and clean, and your mortgage wont be due till November.

[tooleman694]

What you can do, is talk to the management. Sometimes they will let you out early if there is a wait list, this is exactly what happened to me.

[Lemontwist4]

Well it looks like I am already screwed because we had to give them 45 days notice which we can't do without paying Octobers rent too and by then our mortgage payment will due so we are just giving them 25 days and if they want to try and come after us for not giving them the 45 days my husband said let them come and since it's all in his name there isn't much I can do. I don't think they will come after us for the notice but why knows with these two.

[tooleman694]

What happens if right before clear to close the processor calls up the apartment complex and they get this info.

[Lemontwist4]

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@tooleman694 wrote:

What happens if right before clear to close the processor calls up the apartment complex and they get this info.

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Well For one our LO who works with our processor said they won't need to check that because USDA doesn't require it for credit scores over 660 but lets say they do check it If he doesn't give them notice at all they could only say that we have paid the rent on time (and I have the checks to back it up ) every month for 7 years being that they don't know when our close date is they wouldn't know if we had time to give them 45 days notice or not yet.. Now if he gives them notice they can say he only gave them 25 days notice but I can tell you right now our LO said as far as the bank is concerned we are finished they just need the USDA approval they will not do a credit pull at close or need to verify anything else. So it almost sounds like it would be worse to tell them before hand. And like I said they require 45 days which I was told 30 but the old lease says 45 days they will not pro rate it if you are moving so if you give them 44 days they charge another months rent my husband doesn't think they will really care if it's 30 or 45 or even 25 as long as the place is left in good shape I am pretty sure the people below us that we were friends with only gave 2 weeks and got their deposit back but had to threaten to sue for it.

[Lemontwist4]

I am not trying to get out of what we own I know it sounds like I am . I think it's not right to pay more to go month to month and still get screwed, it's not right that the extra we pay for a secure building is for nothing both doors are broken and haven't been fixed in 5 years the dishwasher hasn't been working for a year the faucet leaks and have for over a year and when I say leak I mean run and any and all repairs have been made and paid for by us and they want us to pay for a extra 30 days rent when we won't even be here. We close the 12th of September. So yea the only thing I can do is talk to them maybe they will work something out with us however since I needed 45 days in advance and the most I can give them is 30 I might as well wait the 5 days for the USDA approval to be safe because if they freak out over the 25 days notice I for damn sure won't be able to say oops we changed our mind we are staying. So I'm pretty sure I need to know 100% before I say a word to them and then I can try and work something out with them.

If anyone has some better solution or how they personally handled it I would be more than happy to hear it.

[Lemontwist4]

I feel really stupid! Ok I was told you skip the first months payment when you buy so if you close Sept 12 you payment isn't due till Nov 12th if that is the case I can give them notice Sept 17th and that would be 45days we wouldn't get the "free" month buy we wouldn't have to double pay and we would know we had it 100% before saying anything to the office. Toolman if that's what you were trying to say in the earlier post my apologies I just wasn't understanding I am very sorry