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We signed a lease in June 2013 for a 1 year term. 60 days prior to the end of the lease we spoke with our landlord and she drew up a "change of Lease" which acknowledged our intention to extend the lease until March 31, 2015. She signed this.
We called her today to confirm our leaving and she told us we should have given her 60 days notice and that we owe her until end of May!
I say the new lease supersedes the original.
Does the "change of lease" specifically state that your move out will be on March 31st, 2015, or does it just modify the end date of the lease? These are two different things.
In my lease, it says that at the end of the lease term, the term becomes month to month unless notice is given by one of the parties. This is a fairly standard clause. What does your original lease say? Your change would only modify the term, so whatever the original lease said still goes on everything else.
Unless your change of lease form specifically states that you will be moving at the end of the lease, and no further extensions will be given, your landlord is probably right.
However, if the end date of the lease is March 31, and the terms of the lease state the lease goes to a month to month basis after 3/31..you need to give a 30 day notice by state statutes. The LL may be trying to get the most out of the lease. In reality, if the lease ends 3/31 and you are moving out, there is no recourse for the LL. You paid up to the end of the lease and moved. End of story. It all boils down to how to interpret the original lease. I doubt you will get your security back if the LL is saying you failed to give a 60 day notice.
Thank you Shanesa and Lacerta for your responses. We sent her a letter stating that the signing of the Change of Lease letter was done 60 days prior to our original lease ending. At that time we agreed to extend the lease until March 31,2015 and then would be moving. She signed this as did we.
We fully expect to lose our security deposit but have no intention of paying another dime.
We signed a lease in June 2013 for a 1 year term. 60 days prior to the end of the lease we spoke with our landlord and she drew up a "change of Lease" which acknowledged our intention to extend the lease until March 31, 2015. She signed this.
We called her today to confirm our leaving and she told us we should have given her 60 days notice and that we owe her until end of May!
I say the new lease supersedes the original.
If the lease says you have to give 2 months notice changing the end date or extending it has noting to do with that. The end of a lease does not mean you can move out without giving notice.
Thank you Shanesa and Lacerta for your responses. We sent her a letter stating that the signing of the Change of Lease letter was done 60 days prior to our original lease ending. At that time we agreed to extend the lease until March 31,2015 and then would be moving. She signed this as did we.
We fully expect to lose our security deposit but have no intention of paying another dime.
"Extend the lease" means the lease end date is extended until the new date, but all the terms, conditions, and requirements still remain. If the lease states 60 days, it is 60 days. Now, grab the Change of Lease letter you agreed to and post the exact words, as it will all hinge on a few words.
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