If our lease agreement states that a 60 day written notice is needed...?

Question

My husband and I leased a studio for 6 months (lease end 09/07) but we needed it until August 07. The lease agreements states: "The term of this agreement will be automatically renewed on a month-to-month basis UNLESS either party provides the other with a written notice of termination AT LEAST 60 days prior to the end of the initial rental term...". We were told the first day that this translates to: The lease can terminate without penalties WHEN at least 60 days written notice is given. We gave our notice MORE than 60 days in advance and now we are told we still have to pay until the end of our lease term 09/07???? My husband was even told if we stayed one more day after July 31 we would be required to pay for a day...why was he told this instead of being told we had to pay either way???? I'm really upset and cannot go down without a fight...any input???

Answer 1

You're violating your lease. It's telling you that you must give sixty days notice AT THE END OF YOUR LEASE if you choose not to renew it. If they don't hear from you then they'll assume you're on a month to month basis. You're required to pay until the end of 9/07 because that's when your lease ends. It doesn't end when you want it to.

Answer 2

you stated you signed a 6 month lease that ends on SEPTEMBER 9, 2007 but you only needed it until August 07 and that AFTER September 07 the lease would be automatically reunewed on a month to month basis.. Correct? If this statement is correct then you ARE liable for rent payment up to the end of yoru lease which would be August 31.. The landlord is CORRECT. Your initial lease runs until 9/07 which means YOU are liable until that time to pay rent whether you are there or NOT-----leaving in August or July does not hold to the terms of the lease and you would be breaking that lease... You have no case....

Answer 3

The way you described is exactly the way every lease works. You have to give a notice prior to your moving out at the end of the lease. If you don't give that note, your lease gets automatically renewed to a new term and will go on month-to-month basis. It is importan to give that note (in your case 60 days note) prior the expiration of your lease. So I have no idea what you are so upset about.

Answer 4

Don't read anything into the document that isn't there. You have a job change to a place 74 miles away. Don't give the landlord any information about your current work status (but you've probably already done that). When you give out more information than necessary, they will use that to try and hold you to the lease. Since you weren't working, you don't have a job change - or so the landlord will declare. I would think that your new job location is sufficient to break the lease - but that may have to be decided by a judge who can interpret the lease.

Answer 5

The least has an initial six-month term -- that cannot be shortened by the 60-day notice.

After the initial-six month term, the lease continue month to month, until two months after the point of notice.

But nothing shortens the initial six month term.