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Not all leases are automatically extended as a month-to-month. I've a rental lease in hand that says, "Fixed rental agreement, which unless otherwise agreed to in writing, will end on XXdateXX". When the lease ends, the tenant must be out, unless other written arrangements have been made.
Under that is the option to add a checkmark to indicate an automatic extension of month-to-month, but that option must be exercised at the time the lease is originally signed (without indicating by checkmark that it is in effect, it does not apply).
So, in other words, the default is that the lease is up at the ending date. The landlord does not need to give any sort of notice of non-renewal.
But it sounds like your lease is different, that the default is that the landord must give 60 days notice of non-renewal, or that there was an option exercised for an automatic extension of the lease? What is the wording?
But it sounds like your lease is different, that the default is that the landord must give 60 days notice of non-renewal, or that there was an option exercised for an automatic extension of the lease? What is the wording?
That's what I also assumed. In that case if no notice is given by either party (which is the usual wording) of intent to renew or not within the 60 day period, the lease goes month to month as that's the intent of having this clause in the lease. I'm just not sure where the OP is getting the "penalty" information from.
The lease stated that either party must give 60 or more days notice to terminate and at end of lease automatically renews month to month. Says tenant would be liable for 100% of 1 months rent if less than 60 days given. I was just wondering if less notice was given on the other side what happens. Does not specify a penalty to LL in lease for less than 60 day notice. I was just curious.
The lease stated that either party must give 60 or more days notice to terminate and at end of lease automatically renews month to month. Says tenant would be liable for 100% of 1 months rent if less than 60 days given. I was just wondering if less notice was given on the other side what happens. Does not specify a penalty to LL in lease for less than 60 day notice. I was just curious.
there is no penalty to the landlord, that's why it doesn't specify one.
You have to give 60 day notice of renewing your lease or moving out He has to give you 60 day that he isn't renewing your lease.
The lease stated that either party must give 60 or more days notice to terminate
and at end of lease automatically renews month to month.
Like yours, 99% of leases (and most LL:Tenant law) are designed around the presumption
that tenants will want to remain in place and that LL's will want them to as well.
When that is not the case the LL asks for adequate notice from the tenant so they can prepare
for an orderly turnover. The law usually require that such notice terms (eg 60 days) go both ways.
Quote:
Says tenant would be liable for 100% of 1 months rent if less than 60 days given.
To protect the LL who is otherwise expecting a check on the 1st and until the end of the agreement.
Often the penalty is greater.
Quote:
I was just wondering if less notice was given on the other side what happens.
Does not specify a penalty to LL in lease for less than 60 day notice (to not renew or extend).
Now you're describing apples and oranges.
The tenant is in place.
The LL has a contract that requires they give 60 days notice if they intend to not renew.
The LL can *ask* the tenant to leave sooner but has no right to force it.
And no court would give the LL a writ of possession without the agreed to notice being honored.
The lease stated that either party must give 60 or more days notice to terminate and at end of lease automatically renews month to month. Says tenant would be liable for 100% of 1 months rent if less than 60 days given. I was just wondering if less notice was given on the other side what happens. Does not specify a penalty to LL in lease for less than 60 day notice. I was just curious.
I see your point. I guess because you wouldn't have to move out if the landlord tried to give you less than 60 days, you wouldn't really lose anything. The law would back you up.
But, if you gave the LL only 30 days notice, and then moved out, he'd be out a month's rent, in theory. So, it covers the LL in that case.
The lease stated that either party must give 60 or more days notice to terminate and at end of lease automatically renews month to month. Says tenant would be liable for 100% of 1 months rent if less than 60 days given. I was just wondering if less notice was given on the other side what happens. Does not specify a penalty to LL in lease for less than 60 day notice. I was just curious.
Only counts for the tenant...what did you have in mind for the LL to pay?
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