What is the name of your state (only U.S. law)? Texas
I have just given written notice of termination to terminate a lease. Notice was given on the last day in February to terminate on the last day of the following month (March).
The original lease was a fixed term lease with an "Expiration Date" of December 31, 2007. The lease changed on to a month-to-month basis at the end of the Term and has been like this for the last 14 months.
The landlord has advised me that I am responsible until the end of April because I did not give 45 days notice to terminate. The section of the original fixed term lease in question is as follows:-
4.Automatic Renewal and Notice of Termination
A. This lease automatically renews on a month-to-month basis unless Landlord or Tenant provides the other party written notice of termination not less than 45 days before the Expiration Date.
B. If this lease automatically renews on a month-to-month basis, it will continue to renew on a month-to-month basis until either party provides written notice of termination to the other party and the notice of termination will be effective on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date.I believed that Part "A" referred to the original lease and Part "B" to the month-to-month lease, as "B" clearly states the case for a month-to-month tenancy and termination is on the last day of the month following the month in which the notice to terminate was given.
Who is correct in this case and do I owe rent for April?What is the name of your state (only U.S. law)?