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Does a 60 day notice trump a signed contract that renews in 60 days?

I am living in a house with a year-long contract that expires at the end of august. There is a 60 day notice for cancelling the contract. I talked to the landlord 2 weeks ago, and told him I wasn't sure if I was going to stay next year, upon which he said "that's fine, just let me know by the end of June." The next week, one of my other housemates left what I guess was next year's lease out on a table while they were out of town, with a note saying to sign it to get the landlord off her case. I did, and the week after that (yesterday), I confirmed plans to move somewhere else. Of course, then when I told this to my housemate, she said "that's bad, cause if you're not staying I won't be able to afford it, and we signed next year's contract already, I will talk to the landlord." He then blew up and said that basically we had signed the contract and that 60 day notice didn't apply since he had a signed lease, and that basically we HAD to pay rent for next year. Am I stuck?

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  • 1 decade ago
    Favorite Answer

    Yes, if you signed the lease contract, you are stuck. You have learned an expensive lesson to not affix your signature to a piece of paper you did not bother to read.

  • 1 decade ago

    You are no stuck, go to your county court office, or contact your tenant land lord dispute office , the newly signed lease should have a period to terminate the lease usually 60 day in advance, give him a up to date notice to vacate. Try Tenant/ Landlord Dispute.com. I did the same thing once and at the end of the lease I had to just make sure I did move, there was no I change my mind I want to stay.

  • 1 decade ago

    Ok there’s a little more to it as this industry is quite complex. First of all every State is different in the 'Landlord/Tenant Laws' above that the only laws in which stay consistent as far as state to state are the Federal Fair Housing laws otherwise known as your FFH rights as a tenant that supersede State laws. However I fail to see as of yet where the Landlord/Owner in question has violated such. Thus leaving you with several factors to take into consideration before coming to a conclusion. A) What state do you live in? If I know that I may be of better assistance on a clear cut answer here. B) Look thoroughly through your contract under the renewal clause it should state 1 of 2 (a) upon expiration of lease agreement if lessor is not notified of lessee's intent to vacate required (stated days allotted here whether 30 or 60) prior, then lease shall commence month to month as of (1st day of 1st month after expiration will be stated here) lessee is then subject to current market rent as well as month to month of (such stated amount here) fee and will remain as such until lease has been renewed by above named lessee or lessor has received the required (again 30 or 60 day here) notice. Or it will state in this section of your agreement (b) upon expiration shall lessee not notify lessor of intent to vacate in a (30-60) day required notice then lessee, lessor agreement shall commence to a (stated lease term here whether 6-12 months) at the rate of (same or different rental rate for renewing) for the full (term again stated) and expire on (stated renewal expiration here). Then directly after that it will state the same that if NTV is not received it will roll into a full contract again. The only other mentioned guidelines in this clause that should be stated is the lessor’s right to serve lessee with a notice of ‘Non renewal’ or of notice served by lessor at will to terminate lease agreement. A 'Green Belt' contract is rare and that is why I ask what state you are currently residing in. If you are in a state that allows Green Belts in residential leases then yes you are locked in for the duration if you are not then no you cannot legally bind a tenant to a pre-signed contract and don't have to worry about going through the hassle of filing anything. Look at it, let me know and if you have any other questions please feel free to email me!

    Source(s): 9 years in Property Management as well as an Owner of ELC-Elite Landlord Consultants.
  • Anonymous
    1 decade ago

    Yes you are stuck with that lease! Nothing you can do unless you talk to the Landlord. Good Luck & God Bless, Tavarra

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  • 1 decade ago

    Legally you are stuck. Only way to fix this is to kiss a lot of butt , beg and cry to the landlord. Once you sign a contract, you are bound by it and by law.

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