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If my lease is up can landlord demand a 60 day notice?

I've been living at the place I'm renting for almost a year. I initially signed a six month lease that stipulated that I would give the landlord two months notice before moving out. Two months before my six month lease was up he sent paper work for me to sign to continue living there for another six months. My lease is up at the end of the month and he never sent me any paper work about renewing my lease. When I sent in this months rent I gave him a 30 day notice. He just emailed me and said that he wants a 60 day notice and that I will need to pay him for March even though my lease is up at the end of this month. Is that legal? My obligation was only until the 29th of February. I don't feel as though I should be obligated to stay in a place I won't be living in while he rents it out to other tenants.

10 Answers

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  • Anonymous
    9 years ago
    Favorite Answer

    "Two months before my six month lease was up he sent paper work for me to sign to continue living there for another six months."

    ...but...

    "...he never sent my any paper work about renewing my lease."

    It's one or the other, not both. Pick one.

    Regardless of whether or not you signed a new lease, your old lease is still fully enforceable on a month-to-month basis. You agreed to give 60 days notice, so 60 days is what is required. You will have to pay for another month or risk eviction and small claims.

    If you vacate early (before the 60 days, not 30), and your landlord re-rents the unit before the end of the 60 days notice, then he cannot collect rent past the day it is re-rented (he cannot collect rent from you and another tenant for the same days). He can choose not to rent the unit out again.

  • 7 years ago

    I think all the other answers are not understanding you question. If you have a lease you are not required to give notice if you intend to move on the last day of your lease. You didn't even need to give him the 30 day notice that you did. That was nice of you but not required. And no you don't owe the months rent after your lease is up.

  • Anonymous
    9 years ago

    Once your lease expires, you continue on a month-to-month basis but all the terms of the original lease are still in force. So if it specified a 60 day notice then you must conform to that or you will be in violation of the lease.

    All that happens when a lease expires is that you lose your protection from rent increases each month; everything else is still legally binding on both of you.

  • R P
    Lv 7
    9 years ago

    Your lease reverts to a month to month agreement at its expiration but both you and the LL are still governed by it. The lease contains a 60 day notice clause therefore you are required to give 60 days notice. That means you are obligated to pay March rent.

    If you move and the LL re-rents your unit before the end of March, he has to refund you the prorated rent. It is illegal for him to collect rent from two tenants for the same unit - it's called double dipping.

    Source(s): FL landlord
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  • 9 years ago

    You owe the money. Just because he didn't mail you a letter asking for you to sign another lease, this doesn't mean that you didn't have to give the correct notice as OUTLINED IN THE SIGNED LEASE. He was allowing you to go on a month to month lease.

    You needed to give 60 days notice and YES you owe for FEB and MARCH! Even if you move out, it's not prorated.

  • ?
    Lv 7
    9 years ago

    If landlord sent you the paperwork for the new lease 60 days in advance, you had the opportunity to give your 60 days notice at that time but you didnt. You knew they wanted 60 days notice. You do have to pay for March because you failed to comply. If he rents the apartment in March you can get your rent money back. Landlords cannot get double rent.

  • 4 years ago

    60 Day Notice To Move Out

  • 9 years ago

    Your lease states that you have to give 60 days notice. You only gave 30. He can legally charge you for another month

    Source(s): I am a landlord
  • 9 years ago

    Read the lease = if it includes a notice period at the end of your lease = yes, you have to pay.

    I have a commercial lease that includes this stipulation - so I know it's often included.

  • 9 years ago

    Yes. When your lease expires, the terms continue month to month. That's how it works. You are not obligated to stay. You are just obligated to pay.

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