Comments on: Month to Month Tenancy/Move out notice

By: Carten

Carten — Wed, 12 Jan 2011 00:16:20 +0000

Hello, I am in a similar situation. My lease says “The term of this lease is 12 months, beginning on June 9, 2009 and ending on June 8, 2010 and from month to month thereafter. Tenant will give a 60 day notice to landlord to terminate lease.”

Based upone that language does that mean that I am liable for an additional month if I want to move out in 30 days. 60 days negates the month to month language.

Please advise.

By: Carten

Carten — Wed, 12 Jan 2011 00:15:15 +0000

Can you tell me what happened with your situation? I have a similar situation now.

Thanks,

Carten

By: Carten

Carten — Wed, 12 Jan 2011 00:13:40 +0000

Based upone that language does that mean that I am liable for an additional month if I want to move out in 30 days. 60 days negates the month to month language.

Please advise.

By: anonymous

anonymous — Sat, 09 Oct 2010 06:55:04 +0000

Here is my take on your situation. (Landlord for 15 years)

The lease agreement you signed committed you to the term set forth, usually a year. Therefore, the lease termination clause is most likely referring to cancelling in general and not just during the lease term. Most leases don’t allow tenants to end their lease before the lease expiration date which makes the 60 day notice even more applicable to AFTER the lease expires rather than during.

To answer this question you will really need to refer back to your signed lease agreement. What does it say specifically about “Automatic renewal?” “Lease Termination?” “Early Lease Termination?” When we see the exact verbiage used in the agreement we will be better able to provide you a more accurate answer to your question. If you agreed via original lease that you would provide a 60 day notice prior to vacating, then you need to provide a 60 day notice, period. However, if in the lease it says that the lease is automatically renewed on a month to month basis, then it would over-ride the 60 day notice requirement. It would be a bit of a contradiction, as it would include both a 60 day termination notice requirement AND a 30 day extension condition which would only require 30 days to terminate.

Provide the exact text from your lease for the above lease clauses: Automatic Renewal (if it has this clause?) Lease Termination and Early Lease Termination.

Reading your original lease can answer a lot of these questions. Right now my answer is based on speculations and assumptions, which ultimately are no good.

By: anonymous

anonymous — Sat, 09 Oct 2010 06:43:15 +0000

I’m a bit confused by your question. It doesn’t make a ton of sense, but after reading it a couple of times I think I get what you are asking.

If I’m correct you are saying:

>> You had a lease contract, that is expired and now renewed on a month to month basis. (30 day)
>> In the lease agreement there is a condition that requires a 60 day notice to terminate lease.

Correct?

Now, if the above is what you are saying then I guess you are asking the following question:

>> Since your lease agreement is expired does the 60 day termination notice still apply?

Is that what you’re asking?