Lease termination/extension question

[freelancer-1]

What is the name of your state? Florida

I have just come to the end of a 1-year rental lease. I have been renting a home directly from the homeowner. On the lease agreement, the homeowner added (in writing) at the end -- "tenant to provide landlord with 60 days notice before vacating the premises." When that 60-day period came up (actually before), the homeowner asked me if I planned to leave after the lease ended or if I wanted to extend another year. At that time, I had no plans to leave, so told him I would be fine extending the lease for another year. He sent me a lease extension that I went ahead and signed and sent back to him -- 60 days before the new lease would be in effect (on June 1).

Since that time, I have found a house that I would like to buy -- so since the new lease does not begin until June 1, I asked the homeowner if he would consider voiding the lease extension if I gave him 60-days notice at this time (2 month's rent). He said he would not be willing to throw out the new lease because I had already signed it and he had already budgeted the next year accordingly.

My questions is - do I have any options at all to get out of the lease extension? As I see it, there are two things to consider: 1) Is the lease extension binding from the date that I signed it back in March, even though the lease does not technically begin until June 1? And 2) Because of the way the original contract is worded -- "tenant agrees to provide landlord with 60 days notice before vacating the premises" -- do I not have an out since I am offering him the 60 days now, having fulfilled the first full 1-year contract and since the second lease hasn't even started yet? I am even considering offering that he keep my security deposit of one month's rent -- which would basically give him 3 month's rent when added to my 60 days notice.

Any help you can provide would be appreciated --

[seniorjudge]

Originally Posted by freelancer-1

What is the name of your state? Florida

I have just come to the end of a 1-year rental lease. I have been renting a home directly from the homeowner. On the lease agreement, the homeowner added (in writing) at the end -- "tenant to provide landlord with 60 days notice before vacating the premises." When that 60-day period came up (actually before), the homeowner asked me if I planned to leave after the lease ended or if I wanted to extend another year. At that time, I had no plans to leave, so told him I would be fine extending the lease for another year. He sent me a lease extension that I went ahead and signed and sent back to him -- 60 days before the new lease would be in effect (on June 1).

Since that time, I have found a house that I would like to buy -- so since the new lease does not begin until June 1, I asked the homeowner if he would consider voiding the lease extension if I gave him 60-days notice at this time (2 month's rent). He said he would not be willing to throw out the new lease because I had already signed it and he had already budgeted the next year accordingly.

My questions is - do I have any options at all to get out of the lease extension? As I see it, there are two things to consider: 1) Is the lease extension binding from the date that I signed it back in March, even though the lease does not technically begin until June 1? And 2) Because of the way the original contract is worded -- "tenant agrees to provide landlord with 60 days notice before vacating the premises" -- do I not have an out since I am offering him the 60 days now, having fulfilled the first full 1-year contract and since the second lease hasn't even started yet? I am even considering offering that he keep my security deposit of one month's rent -- which would basically give him 3 month's rent when added to my 60 days notice.

Any help you can provide would be appreciated --

Q: My questions is - do I have any options at all to get out of the lease extension?

A: Yes. Money talks. Ask him how much before he can hear.

[freelancer-1]

Originally Posted by seniorjudge

Q: My questions is - do I have any options at all to get out of the lease extension?

A: Yes. Money talks. Ask him how much before he can hear.

Does that mean that the 60-days notice mentioned in the contract does not apply to my situation?

[seniorjudge]

Q: Does that mean that the 60-days notice mentioned in the contract does not apply to my situation?


A: Yes, it still applies...in the year 2007. Reason: "...At that time, I had no plans to leave, so told him I would be fine extending the lease for another year. He sent me a lease extension that I went ahead and signed and sent back to him -- 60 days before the new lease would be in effect (on June 1)...."

[freelancer-1]

Originally Posted by seniorjudge

Q: Does that mean that the 60-days notice mentioned in the contract does not apply to my situation?


A: Yes, it still applies...in the year 2007. Reason: "...At that time, I had no plans to leave, so told him I would be fine extending the lease for another year. He sent me a lease extension that I went ahead and signed and sent back to him -- 60 days before the new lease would be in effect (on June 1)...."

Okay, that does make sense. And I'm sure I'm asking a somewhat silly question here - so forgive - but what this is implying, then, is that the 60 days notice is actually 60 days notice before the end of the lease -- not just 60 days notice at any time? It doe not say anything about it only pertaining to the last 60 days of the lease. It is simply a hand-written addendum that says "tenant must notify landlord 60 days prior to vacating."

Just want to be extra clear -- in case there is any "out" at all using that section of the contract.

Thanks for your patient answers!

[seniorjudge]

Originally Posted by freelancer-1

Okay, that does make sense. And I'm sure I'm asking a somewhat silly question here - so forgive - but what this is implying, then, is that the 60 days notice is actually 60 days notice before the end of the lease -- not just 60 days notice at any time? It doe not say anything about it only pertaining to the last 60 days of the lease. It is simply a hand-written addendum that says "tenant must notify landlord 60 days prior to vacating."

Just want to be extra clear -- in case there is any "out" at all using that section of the contract.

Thanks for your patient answers!

I haven't seen this document but you have so I will go with the interpretation you have given it in this post.