Thread: Terminating 60 day lease issue.....

I am currently on a 60 day to 60 day lease which renews without my signature. In no documents that I have signed does it say I need to give 60 day written notice on the 1st of the month or before. So I just gave written notice on july 2, 2009 to be out by end of August. They say I am liable for Septembers rent now because I didn't give them the notice on the 1st. Lease separations say I must give written 60 day notice, well I did. From july 2, 2009 to the end of August, thats 61 days? Do I have a case?????????????

It depends on the exact wording of your lease... can you cut and paste it for us to see? Or just copy it.

I have heard of this type of scenario before and it's ludicrous.

Originally Posted by Hollywood Landlord

It depends on the exact wording of your lease... can you cut and paste it for us to see? Or just copy it.

I have heard of this type of scenario before and it's ludicrous.

Here it is:

3. Lease Term: The itinial term of the Lease Contract begins on the 1st day of January, 2008, and ends at midnight the 31st day of December 2008. This Lease Contract will automatically renew month-to-month unless either party gives at least 60 days written notice of termination or intent to move-out as required by paragraph 37.

37. MOVE-OUT NOTICE. Before moving out, you must give our representative advance written move-out notice as provided below. Your move-out notice will not release you from liability for the full term of the Lease Contract or renewal term. You will still be liable for the entire lease term if you move out early except under the military clause. TO THE EXTENT PERMITTED BY APPLICALBE LAW, YOUR MOVE-OUT NOTICE MUST COMPLY WITH EACH OF THE FOLLOWING.

*We must receive advance written notice of your move-out date. The advance notice must be at least the number of day of notice required in paragraph 3. Oral move-out nocite will not be accepted and will not terminate your Lease Contract.
*Your move-out notice must not terminate the Lease Contract sooner than the end of the lease term or renewal period.

YOUR NOTICE IS NOT ACCEPTABLE IF IT DOES NOT COMPLY WIT ALL OF THE ABOVE. Please use our written move-out form. You must obtain from our representative written acknowlegment that we received your move-out notice. If we terminate the Lease Contract, we must give you the same advance notice, unless you are in default, in which case Section 32 shall goverm.

According to this, if I am reading it correctly, you can give your 60-day notice on ANY day of the month. I don't even see where one could interpret this as needing to be in before the first of the month.

It depends on the lease apreement your landlord present to you.