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07-14-2008, 06:59 AM
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Lease Issue
Okay, my roommate owns a townhome and I signed a rental agreement with her that includes a clause that the agreement may be terminated if one of us gives 45 days notice. Three nights ago we got into an arguement via text messaging that eventually resulted in one of her messages stating "Perhaps you should find somewhere else to live. I'll start looking tomorrow." I replied "Fine" and a few other things. She never said when I had to be out even though I asked her two times about it. So I assumed that I would need to be out ASAP or within 45 days from the day she sent me the message. Now she is claiming that she never gave me notice to leave and that she has not received a written notice from me. My question is: Wasn't her text good enough notice to me to move out? And if it wasn't, was not my response "Fine" notice to her that I would move out? I was reading some things on this website and came across Section 562A.8 that states that "In the case of the landlord, notice is received when it comes to the landlord's attention..." and vice versa in the case of the tenant. I don't want to pay for the additional 3 days that have gone by just because she thinks she hasn't given/received sufficient notice. Any advice would be greatly appreciated!
Last edited by hah17704; 07-14-2008 at 07:13 AM.
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07-14-2008, 07:33 AM
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Senior Member
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Join Date: Dec 2007
Location: USA
Posts: 1,542
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Is this worth the three days!? I agree notice was given but texts can be altered, deleted or forged. Not saying this is case but really this could get ugly long and possible expensive. So once more I ask you is it worth it? If you feel it is then consult a Landlord/Tenant dispute Attorney
__________________
Your best advice legal advice does not come from internet message boards, Police, friends, family, your neighbors etc.It comes from an Attorney. Advice given here should not replace legal advice from a qualified Attorney.
Non legal parenting and relationship issues http://www.parentnook.com/forum/
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07-14-2008, 07:41 AM
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Not saying I am going to take her to court over three additional days, I just wanted to know if her text would be considered "notice." I just think it's ridiculous that she's trying to dispute it with me. I guess when people are desperate for rent money, they'll do just about anything.
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07-14-2008, 07:42 AM
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Senior Member
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Join Date: Dec 2007
Location: USA
Posts: 1,542
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Up until few days ago this was a trusted friend? You can argue the point and I agree it appears notice was given but if Landlord wont budge I again say is it worth it?
__________________
Your best advice legal advice does not come from internet message boards, Police, friends, family, your neighbors etc.It comes from an Attorney. Advice given here should not replace legal advice from a qualified Attorney.
Non legal parenting and relationship issues http://www.parentnook.com/forum/
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07-14-2008, 07:51 AM
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No, this was a person I met through a roommate site and have lived with for the past year. She has control issues which have resulted in several other conflicts this past year. Too much to get into. Anyway, thanks for your help.
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