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Old 06-08-2011, 12:50 PM
 
Location: Tampa, FL
2,638 posts, read 6,182,396 times
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Quote:
Originally Posted by Justin Time View Post
Your lease has an end-date; therefore, no notice (from landlord or tenant is required) and you must move out or you will be considered to be over-holding.
I guess this varies by state, but the leases I have signed have always required that the tenant give formal written move-out notice, even if you plan to leave by lease end date. If I recall correctly FL state law also has provisions for move-out notice requirements even if the lease does not specify them. The default for a year long lease period is 30 days notice (counting from start of rental period, not actual days), but the lease can legally require up to 60 days notice - there's a lease clause I'll never agree to again.
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Old 06-08-2011, 12:54 PM
 
Location: Boise, ID
5,565 posts, read 10,898,943 times
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I don't necessarily agree with what everyone has said here. Our leases have an end date, but say that if neither party gives notice, the lease will continue month to month. Without knowing exactly what the OP's lease says, they may actually have rights.

If the LL didn't give them notice that they didn't intend to renew the lease at the termination date, they MAY have some rights. In my lease, they would. They have now been give that notice, but when that took place would be important. If it was before June 1st, and the lease just required 30 days notice, the OP is just out of luck. If it was after June 1st, then there may be some grounds.

Without knowing exactly what the lease says, and what the timing was for the landlord stating they did not intend to renew, I can't agree with the advice given here.
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Old 06-08-2011, 12:56 PM
 
Location: Boise, ID
5,565 posts, read 10,898,943 times
Reputation: 4979
Quote:
Originally Posted by Justin Time View Post
In MANY states, over-holding means 3 things. (Check your rental laws.)

1) You can have legal eviction proceedings brought against you.
2) You will owe double your daily rent for days beyond your lease.
3) You will owe for any costs incurred by BOTH the landlord and the incoming tenants.
I've never heard of such a thing as #2. There really are states where that is legal?
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Old 06-09-2011, 06:45 AM
 
Location: St Thomas, US Virgin Islands
22,477 posts, read 27,048,543 times
Reputation: 23028
Lacerta, you do realize that the OP was given a a two month lease extension IN WRITING?
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Old 06-09-2011, 08:59 AM
 
3,782 posts, read 4,686,140 times
Reputation: 1835
Quote:
Originally Posted by Normajin View Post
Tilli, thank you for fast reply, it really helps. We are good tenants, so I guess LL would keep us, but it seems that they rented the place already. Could they do that while we are still in lease? Are not we entitled to lease renewal after the extension ends? (you are right it was in written). Basicaly, we arenot the type to go to court and would prefer the amicable way of handling situation, but it'sgood to know our rights before the big talk with LL, because hisinitial reply was negative. Specifically, if we are under lease and other people will gettheirholding depositback, and we gave a notice as much in advance as we can.
Why do you think you should have rights to the place even though you agreed to leave, and someone else agreed to take the place? Is your housing more important than theirs?
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Old 06-09-2011, 09:01 AM
 
3,782 posts, read 4,686,140 times
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Quote:
Originally Posted by STT Resident View Post
Lacerta, you do realize that the OP was given a a two month lease extension IN WRITING?
In quite a few states(I won't say most, but I think that is the case) the lease doesn't immediately terminate at the end date. It reverts to month to month, which requires 30 days notice. We don't know what state the OP lives in and whether it requires notice at the end of the lease and don't know if he/she was given notice to vacate.

If the OP gave notice or the landlord gave notice you are right, but she didn't say she did.
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Old 06-09-2011, 09:20 AM
 
Location: St Thomas, US Virgin Islands
22,477 posts, read 27,048,543 times
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Quote:
Originally Posted by jdm2008 View Post
In quite a few states(I won't say most, but I think that is the case) the lease doesn't immediately terminate at the end date. It reverts to month to month, which requires 30 days notice. We don't know what state the OP lives in and whether it requires notice at the end of the lease and don't know if he/she was given notice to vacate.

If the OP gave notice or the landlord gave notice you are right, but she didn't say she did.
I see your point. However, the initial lease did come to an end, a written agreement was entered into to extend it for two months so the lease becoming a month to month on its initial expiration seems a bit of a moot point while I really don't think a written extension for two months then automatically rolls over into a month to month.
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Old 06-09-2011, 09:42 AM
 
Location: Boise, ID
5,565 posts, read 10,898,943 times
Reputation: 4979
Quote:
Originally Posted by STT Resident View Post
Lacerta, you do realize that the OP was given a a two month lease extension IN WRITING?
I do realize that, it doesn't change my response at all.

Quote:
Originally Posted by jdm2008 View Post
In quite a few states(I won't say most, but I think that is the case) the lease doesn't immediately terminate at the end date. It reverts to month to month, which requires 30 days notice. We don't know what state the OP lives in and whether it requires notice at the end of the lease and don't know if he/she was given notice to vacate.

If the OP gave notice or the landlord gave notice you are right, but she didn't say she did.
This

Quote:
Originally Posted by STT Resident View Post
I see your point. However, the initial lease did come to an end, a written agreement was entered into to extend it for two months so the lease becoming a month to month on its initial expiration seems a bit of a moot point while I really don't think a written extension for two months then automatically rolls over into a month to month.
It absolutely would in my lease. A two month extension is just an agreement that everyone understands the tenant intends to remain at least a further 2 months, and wants to lock in at a given rent rate and terms. It is not notice that they are intending to move at the end of that 2 months, unless that is discussed at that time, or in writing.
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Old 06-09-2011, 11:52 AM
 
4 posts, read 85,342 times
Reputation: 25
Thank you for your answers, especially constructive ones. I got the impressioN that's such a trifle to get current tennant off with just a 30 days notice, so i do not understand how people can keep living for years in rent-control apartments. I know it's a different story, but still curious.
Im in NJ.
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Old 06-09-2011, 03:08 PM
 
Location: St Thomas, US Virgin Islands
22,477 posts, read 27,048,543 times
Reputation: 23028
Be sure to let us all know how this pans out as there are obviously disparate views here and, as far as I know, none of us are real estate attorneys or judges. Good luck!
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