30 Day Notice to Quit: expiration date question (lease, tenant, deposit)

[MaineMadHatter]

OK. I can find nothing on this specific issue. Have lived in same location for 7 years. Owned by an out-of-stater - managed by local property management firm.



The OOS owner has decided to sell this property. I know that's his right and I can't do anything about it.



OOS owner has engaged a real estate agent rather than use the property management company.



I had a lease for 3 years. Since then, "at will."



Terms of my original lease required security AND "last month's rent." Which property management has been holding now for 7 years.



Property manager thinks OOS owner is insane because this is a dump and it is overpriced even in this hot market. Property manager has no intention of reminding OOS that my last months rent is in escrow.



I have just paid my June rent. So I am "paid up" through July according to their contract.



Here is the wording in the Maine statute:


"In cases when the tenant has paid rent through the date when a 30-day notice would expire, the notice must expire on or after the date through which the rent has been paid."


Am I correct that any "30 day notice" OOS owner or agent serves must not expire before July 31?

[Rabrrita]

The statues tolls the notice's date when rent is already paid. So, yes, the notice expiration date would be the standard 30 days or the last date your already paid rent would cover.

If the 30 days' notice effective vacate date is January 15 but your rent is paid to February 15, the notice effective vacate date is pushed back to February 15th. Now, if under the same continuing circumstances, you also have paid the rent's "Last Month's Rent" that means you have still another month of rent that was paid so the statue's wording would push it back to the last day that pre collected last month's rent would cover. In this scenario, that would now become March 15th.

[adjusterjack]

Originally Posted by MaineMadHatter

Am I correct that any "30 day notice" OOS owner or agent serves must not expire before July 31?

I'd say so.

Here's the statute:

Title 14, §6002:*Tenancy at will; buildings on land of another

[MrRational]

Originally Posted by MaineMadHatter

I had a lease for 3 years. Since then, "at will."
Terms of my original lease required security AND "last month's rent."
Which property management has been holding now for 7 years.

I have just paid my June rent.
So (I assert that) I am "paid up" through July according to their contract.

Put that assertion in writing and send a copy by CERTIFIED mail to EVERYONE else.

Invite them to contest this position and to do so in writing.
Be prepared to talk it out in front of a Judge at some point.

[Katie1]

Tell them you will move when they want BUT You want the Last month's rent returned in Cash ... for keys! Also they need to return the Deposit!