60 day notice

[loveumms]

What is the name of your state? Maryland

We signed a six month lease in the middle of January 2007. We were planning to move out at the end of the lease terms but, didn't give notice until May 9, 2007. We gave notice that we would be moving June 30th (actually 15 days after out lease is to be terminated based on the six month agreement we signed). We got a letter yesterday stating the leasing office got our 60 day notice on May 9th and our move out date is scheduled for July 9, 2007. I actually called the leasing office several days prior to giving written notification and spoke with the secretary and told her we would be vacating the premesis at the end of June.

I wanted to know if we are responsible for paying until July 9th considering we didn't get new leasing terms and our lease is supposed to be up June 15th. In other words, I don't understand how we have to give 60 days unless we know what the new leasing terms were going to be. Do we have anything to stand on or should we just pay until July 9th - which would be an extra $500 - on top of what we will be paying for our new apartment.

Thank you!

 

[moburkes]

Yep, you're responsible. See this similar example from the Attorney General's office.

LEASE RENEWALS
Q. Linda knew she had to give her landlord 30 days' notice before moving out. Six weeks before the end of her lease, Linda told a rental office employee that she would move out at the end of the lease. Later, the rental office notified her that her lease had automatically renewed, because she hadn't given the notice in writing, as required by the lease. Was the landlord allowed to do this?
A: Yes. To protect yourself, always give the landlord notice of your intention to move out in writing, and keep a copy for yourself.

Many leases contain a provision that allows the lease to automatically renew for another term, or to renew on a month-to-month basis, unless either the landlord or the tenant gives prior notice that they will not renew. Note how many days' notice you will have to give the landlord if you do not wish to renew the lease. If you fail to give this notice in time, you could find your lease automatically renewed

 

[loveumms]

Thanks - what about if our rent was to go up after our lease? How can the LL get away with a lease renewal if the leasing terms change? Even if the renewal is a month to month agreement, if the rent goes up, that is a change in the lease and the tenant has the right to know this. How is a tenant supposed to make a decision to stay or not if they don't know the new leasing terms? Maybe I am wrong in thinking that the LL needs to notify the tenant of the new lease agreement.

Also, I called and left a message on May 2nd that we would be moving out and talked to a secretary the following day who said she would make notice. I guess a valuable lesson has been learned here.

 

[moburkes]

Thanks - what about if our rent was to go up after our lease? How can the LL get away with a lease renewal if the leasing terms change? Even if the renewal is a month to month agreement, if the rent goes up, that is a change in the lease and the tenant has the right to know this. How is a tenant supposed to make a decision to stay or not if they don't know the new leasing terms? Maybe I am wrong in thinking that the LL needs to notify the tenant of the new lease agreement.

Also, I called and left a message on May 2nd that we would be moving out and talked to a secretary the following day who said she would make notice. I guess a valuable lesson has been learned here.

No, they cannot increase the rent without putting it in writing, in the same way that you did not give notice until you put it in writing.

 

[JETX]

Yep, you're responsible.

Not necessarily....
Though your post MAY be accurate... at this point we have NO idea as to whether there is in fact a 'renewal' clause in the lease... or if there is, what its exact requirements are.
Absent such a valid clause and absent BOTH parties agreement of an extension or renewal, the lease obligation would terminate on the date set in the lease itself.

And again, absent anything to the contrary in the lease, neither party would have to notice the other upon the lease termination.

So, with that... my advice is to READ the FULL TERMS of the lease to see exactly what arises on the termination date.

Also, Maryland has some pretty specific requirements for a lease that includes an automatic renewal period.

§ 8-208. Written leases; supplementary rights afforded by local law or ordinance; prohibited provisions not enforceable; damages; severability.
(e) Same - Automatic renewal provisions.-
(1) Except for a lease containing an automatic renewal period of 1 month or less, a lease that contains a provision calling for an automatic renewal of the lease term unless prior notice is given by the party or parties seeking to terminate the lease, shall have the provision distinctly set apart from any other provision of the lease and provide a space for the written acknowledgment of the tenant's agreement to the automatic renewal provision.
(2) An automatic renewal provision that is not specifically accompanied by either the tenant's initials, signature, or witnessed mark is unenforceable by the landlord.

So, if there isn't a space for your initials or signature DIRECTLY alongside the automatic extension clause.... or your initials or signature are not ON the lease... the landlord can't enforce it for the full 60 days!!

Oh, and by the way... ANY verbal notice to the landlord is not valid. A notice to terminate a lease obligation must be in writing to be valid.

 

[acmb05]

What is the name of your state? Maryland

We signed a six month lease in the middle of January 2007. We were planning to move out at the end of the lease terms but, didn't give notice until May 9, 2007. We gave notice that we would be moving June 30th (actually 15 days after out lease is to be terminated based on the six month agreement we signed). We got a letter yesterday stating the leasing office got our 60 day notice on May 9th and our move out date is scheduled for July 9, 2007. I actually called the leasing office several days prior to giving written notification and spoke with the secretary and told her we would be vacating the premesis at the end of June.

I wanted to know if we are responsible for paying until July 9th considering we didn't get new leasing terms and our lease is supposed to be up June 15th. In other words, I don't understand how we have to give 60 days unless we know what the new leasing terms were going to be. Do we have anything to stand on or should we just pay until July 9th - which would be an extra $500 - on top of what we will be paying for our new apartment.

Thank you!

Does your lease state that you must give a 60 day notice to terminate the lease?

If not then 30 days is all that is required.

 

[JETX]

Does your lease state that you must give a 60 day notice to terminate the lease? If not then 30 days is all that is required.

And of course, as already posted on this thread... that is NOT correct.

 

[acmb05]

And of course, as already posted on this thread... that is NOT correct.

if you would care to show where that is already posted? Maryland code says that 30 days is all that is required unless both parties agree to a longer term in the lease.

 

[acmb05]

Ok so I went back and reread the post and its a moot point. The OP'S lease will not be up till middle of July so they will be responsible for any rent up to that point.

OP if you signed a 6 month lease in the middle of January then it will not end until the middle of July, not June. So you are actually moving out 15 days BEFORE your lease ends.

 

[JETX]

if you would care to show where that is already posted? Maryland code says that 30 days is all that is required unless both parties agree to a longer term in the lease.

Again... NOT correct.

And here is the CORRECT answer, per the Maryland Code:

§ 8-208. Written leases; supplementary rights afforded by local law or ordinance; prohibited provisions not enforceable; damages; severability.
(e) Same - Automatic renewal provisions.-
(1) Except for a lease containing an automatic renewal period of 1 month or less, a lease that contains a provision calling for an automatic renewal of the lease term unless prior notice is given by the party or parties seeking to terminate the lease, shall have the provision distinctly set apart from any other provision of the lease and provide a space for the written acknowledgment of the tenant's agreement to the automatic renewal provision.
(2) An automatic renewal provision that is not specifically accompanied by either the tenant's initials, signature, or witnessed mark is unenforceable by the landlord.

So, if there isn't a space for your initials or signature DIRECTLY alongside the automatic extension clause.... or your initials or signature are not ON the lease... the landlord can't enforce it for the full 60 days!!

 

[acmb05]

Again... NOT correct.

And here is the CORRECT answer, per the Maryland Code:

§ 8-208. Written leases; supplementary rights afforded by local law or ordinance; prohibited provisions not enforceable; damages; severability.
(e) Same - Automatic renewal provisions.-
(1) Except for a lease containing an automatic renewal period of 1 month or less, a lease that contains a provision calling for an automatic renewal of the lease term unless prior notice is given by the party or parties seeking to terminate the lease, shall have the provision distinctly set apart from any other provision of the lease and provide a space for the written acknowledgment of the tenant's agreement to the automatic renewal provision.
(2) An automatic renewal provision that is not specifically accompanied by either the tenant's initials, signature, or witnessed mark is unenforceable by the landlord.

So, if there isn't a space for your initials or signature DIRECTLY alongside the automatic extension clause.... or your initials or signature are not ON the lease... the landlord can't enforce it for the full 60 days!!

And as I said, since the lease is not up till July then OP is responsible for rent to that point of the lease. No matter how many days notice she gave.

 

[Alaska landlord]

I think loveumms needs to read her lease and for purposes of discussion probably post the applicable clauses of her lease. She should not expect the landlord to notify her of her lease conditions before they take effect. Knowing whats on the lease is the tenants responsibility as well as the LL's. She should have read her lease the second she thought of moving and planned her future decisions based on what clauses appeared on the lease. At this point I don't think anyone knows what's on her lease.

 

[acmb05]

I think loveumms needs to read her lease and for purposes of discussion probably post the applicable clauses of her lease. She should not expect the landlord to notify her of her lease conditions before they take effect. Knowing whats on the lease is the tenants responsibility as well as the LL's. She should have read her lease the second she thought of moving and planned her future decisions based on what clauses appeared on the lease. At this point I don't think anyone knows what's on her lease.

And again it does not matter.

Tenant gave notice on May 9th, lease is not up till middle of July. Hence the 60 days notice the landlord was probably referring to.

 

[Alaska landlord]

And again it does not matter.

Tenant gave notice on May 9th, lease is not up till middle of July. Hence the 60 days notice the landlord was probably referring to.

It would matter if the lease renewable term is unenforceable.

 

[Happy Trails]

I agree with what acmb05 is saying, the lease that started in the middle of January doesn't expire until the six months is up, and that wouldn't be until the middle of July.