Period of notice

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Chaouki
Posts: 30
Joined: Thu Mar 12, 2020 2:58 pm

Period of notice

Post by Chaouki » Tue Nov 08, 2022 9:30 pm

Hello,

I'm living in an apartment and due to some reasons beyond my control (don't want to go in details but basically new neighbours above us constantly fighting and domestic violence happening quite often).

In the rent agreement, it says I should notice the landlord 1 month before. Say I tell him tomorrow (9th of November), would that means I can leave end of the month without paying the rent for December or I need to pay part of December (until the 9th) or the whole month of December? Also, would a message on WhatsApp be enough to let him know? (This happens to be the means of communication between us or things need to be more formal?).

Thank you!



Period of notice

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NukkuMatti
Posts: 273
Joined: Fri Nov 20, 2015 9:51 pm

Re: Period of notice

Post by NukkuMatti » Fri Nov 11, 2022 10:07 pm

Chaouki wrote:
Tue Nov 08, 2022 9:30 pm
Hello,

I'm living in an apartment and due to some reasons beyond my control (don't want to go in details but basically new neighbours above us constantly fighting and domestic violence happening quite often).

In the rent agreement, it says I should notice the landlord 1 month before. Say I tell him tomorrow (9th of November), would that means I can leave end of the month without paying the rent for December or I need to pay part of December (until the 9th) or the whole month of December? Also, would a message on WhatsApp be enough to let him know? (This happens to be the means of communication between us or things need to be more formal?).

Thank you!
In general (if not mentioned separately in the rental contract) you have to pay for the whole calendar month. In your case you need to pay for the whole month of December because the notice time generally is one calendar month.
The contract says month and not 30 days.
However it is my personal experience that lot's of housing companies will be lenient with this and if they find in time new tenants, not hold you to that. They sometimes allow half a month = the 15th as end date as well.
That said, renting from a private person or big expensive housing company focused on maximum profit, you will find you in the first mentioned scenario = pay for all December.
So basically it all depends on the wording of the rental contract you signed and the owner's willingness to be lenient.

Of course you could try to fight it in court but the risk to lose and pay up also the legal costs of the winning party is often a too big risk to take (and owners landlords know this too) unless you don't mind to go bankrupt (if you have already only debts). It can take up to 15 years before you can own anything again (money or assets wise) depending on how your debt is enforced for collection, if you lose the case.

And "officially" a message on whatsapp is not enough, it must "officially" be done by a letter sent by verifiable means of confirmation of reception = registered letter to an address and person, not a postbox.

At least as far as I know and as I have dealt with. I could one time also cancel by phone and received confirmation by email the same day.

Good luck.

Chaouki
Posts: 30
Joined: Thu Mar 12, 2020 2:58 pm

Re: Period of notice

Post by Chaouki » Fri Nov 11, 2022 10:50 pm

NukkuMatti wrote:
Fri Nov 11, 2022 10:07 pm
Chaouki wrote:
Tue Nov 08, 2022 9:30 pm
Hello,

I'm living in an apartment and due to some reasons beyond my control (don't want to go in details but basically new neighbours above us constantly fighting and domestic violence happening quite often).

In the rent agreement, it says I should notice the landlord 1 month before. Say I tell him tomorrow (9th of November), would that means I can leave end of the month without paying the rent for December or I need to pay part of December (until the 9th) or the whole month of December? Also, would a message on WhatsApp be enough to let him know? (This happens to be the means of communication between us or things need to be more formal?).

Thank you!
In general (if not mentioned separately in the rental contract) you have to pay for the whole calendar month. In your case you need to pay for the whole month of December because the notice time generally is one calendar month.
The contract says month and not 30 days.
However it is my personal experience that lot's of housing companies will be lenient with this and if they find in time new tenants, not hold you to that. They sometimes allow half a month = the 15th as end date as well.
That said, renting from a private person or big expensive housing company focused on maximum profit, you will find you in the first mentioned scenario = pay for all December.
So basically it all depends on the wording of the rental contract you signed and the owner's willingness to be lenient.

Of course you could try to fight it in court but the risk to lose and pay up also the legal costs of the winning party is often a too big risk to take (and owners landlords know this too) unless you don't mind to go bankrupt (if you have already only debts). It can take up to 15 years before you can own anything again (money or assets wise) depending on how your debt is enforced for collection, if you lose the case.

And "officially" a message on whatsapp is not enough, it must "officially" be done by a letter sent by verifiable means of confirmation of reception = registered letter to an address and person, not a postbox.

At least as far as I know and as I have dealt with. I could one time also cancel by phone and received confirmation by email the same day.

Good luck.
Thanks a lot for the detailed answer, I appreciate it!


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