End of Lease Notification

[teknaj]

What is the name of your state (only U.S. law)? Florida...My lease requires me to give 60 days notice if I was moving out at the end of the lease agreement. I have decided to move out after the lease ends and notified the apartment community 42 days in advance thinking I would be a month to month tenant and only needed a 30 day notice. The apartment office called and said I must give them 60 day notice. I don't feel this is right snce I am moving out after th lease ends, how can the lease notice period govern the period that is not covered under the lease?

 

[Hot Topic]

Your lease requires that you give the landlord 60 days notice if you plan to move out instead of renewing the lease for another year. You can't assume that your lease will go month-to-month if you give less than the 60 days unless there's something in the lease that indicates that.

The landlord needs to be officially informed of what you plan to do. Where I live in California, I'm not allowed to rent month-to-month. If I plan to keep leasing the apartment, I have to submit the copy of the lease for the next year with the appropriate dates, initials and signatures.

If you didn't understand the terms of the lease, you should have asked for them to be explained before you signed.

 

[atomizer]

It's called not treating your tenants like little children that need to be reminded that there lease is about to end. In the future, mark it on your calender along with when your drivers license expire. Or do you need a notice reminder for that too?

 

[teknaj]

My lease automatically goes month to month if I don't renew. I don't need a reminder, the apartment complex was informed that I was not renewing that is not the issue. They know that I was going month to month at the end of my lease try reading the question and perhaps not being so quick to judge, as I am in the state of Florida.

 

[Banned_Princess]

My lease automatically goes month to month if I don't renew. I don't need a reminder, the apartment complex was informed that I was not renewing that is not the issue. They know that I was going month to month at the end of my lease try reading the question and perhaps not being so quick to judge, as I am in the state of Florida.

Does your lease specifically state it goes to month to month? because in your first post it implies it auto renews if you don't give 60 day notice prior to the expiration, then it auto renews for another year.

 

[NC Aggie]

Does your lease specifically state it goes to month to month? because in your first post it implies it auto renews if you don't give 60 day notice prior to the expiration, then it auto renews for another year.

Well the apartment couldn't automatically renew her lease for another year because she would have to sign a new lease so I think it's reasonable to assume that her rental goes month to month after the lease expires.

But if the lease explicitly says that you must give a 60 day notice prior to moving out, then I think at the very least you would be on the hook for the rent for 18 days and possibly for a full month. Doesn't matter what was said or assumed, the existing lease would rule here. Now I personally think 60 days is a little absurd because when I rented apartments in the past, it was always 30 days...but the landlord included the 60 day requirement in the lease.

 

[Banned_Princess]

Well the apartment couldn't automatically renew her lease for another year because she would have to sign a new lease so I think it's reasonable to assume that her rental goes month to month after the lease expires.

But if the lease explicitly says that you must give a 60 day notice prior to moving out, then I think at the very least you would be on the hook for the rent for 18 days and possibly for a full month. Doesn't matter what was said or assumed, the existing lease would rule here. Now I personally think 60 days is a little absurd because when I rented apartments in the past, it was always 30 days...but the landlord included the 60 day requirement in the lease.

Please cut it out, I'm tired of chasing you around correcting you.

Auto renews DO NOT NEED A NEW SIGNATURE. THEY AUTOMATICALLY RENEW WITH THE OLD TERMS AND AGREEMENT!!!!!!!!!

And 60 DAYS is in NO WAY out of the ordinary!!!!

Just because you have rented in the past does not mean you know what you are talking about, and you repeatedly show you don't.

< minus the smile.

 

[NC Aggie]

Please cut it out, I'm tired of chasing you around correcting you.

Auto renews DO NOT NEED A NEW SIGNATURE. THEY AUTOMATICALLY RENEW WITH THE OLD TERMS AND AGREEMENT!!!!!!!!!

And 60 DAYS is in NO WAY out of the ordinary!!!!

Just because you have rented in the past does not mean you know what you are talking about, and you repeatedly show you don't.

< minus the smile.

Looks like I hurt somebody's feelings. Remember, you're not a paid attorney so no feelings should be hurt.

But a lease is a "binding contract" and the terms of the contract must be spelled out. So if there is nothing in the original lease specifying the lease is renewed after a "specified date" for a "specified period of time", the landlord cannot impose a new lease on you.

And I think I clearly said I PERSONALLY think 60 days is absurd...I think people forget to acknowledge that they're only sharing opinions and not giving real legal advice because if you could give sound legal advice, you would be getting paid to do it.

 

[teknaj]

Lease does not automatically renew, the lease states if nothing is done then tenant goes month to month with a increased rental rate. The complex was informed back in March that I will not be moving out on May 31 but I will not be renewing my lease. I think everyone is missing the point. The lease ends on May 31, 2010. If I was moving at the end of the lease, then I was required to give 60 day notice. I gave notice on May 8th that I would be moving on June 20th (42 days notice) a time period not covered by the lease. The leasing office is saying I am obligated to give 60 day notice still. That is the dispute, because I feel how can the lease govern a time period after the lease is up. Also since I will be under month to month tenancy and according to Florida law that only requires 15 day notice, I feel as if I have given more than adequate notice to move. The leasing office feels if I give notice while lease is valid it must be 60 days, so the other option is to wait until June 1st and give 19 days notice sice I will officially be month to month then. I don't want problems and I have been a good tenant I just want to know what is right when I feel like what they are doing is wrong.

 

[Banned_Princess]

Lease does not automatically renew, the lease states if nothing is done then tenant goes month to month with a increased rental rate. The complex was informed back in March that I will not be moving out on May 31 but I will not be renewing my lease. I think everyone is missing the point. The lease ends on May 31, 2010. If I was moving at the end of the lease, then I was required to give 60 day notice. I gave notice on May 8th that I would be moving on June 20th (42 days notice) a time period not covered by the lease. The leasing office is saying I am obligated to give 60 day notice still. That is the dispute, because I feel how can the lease govern a time period after the lease is up. Also since I will be under month to month tenancy and according to Florida law that only requires 15 day notice, I feel as if I have given more than adequate notice to move. The leasing office feels if I give notice while lease is valid it must be 60 days, so the other option is to wait until June 1st and give 19 days notice sice I will officially be month to month then. I don't want problems and I have been a good tenant I just want to know what is right when I feel like what they are doing is wrong.

Fine, then you are right, and you should fight them for your deposit. Do that what is highlighted and let them know it is the state minimum for someone like yourself on a month to month.

 

[atomizer]

You don't understand. your contract requires that you give a 60 day notice to be given before or at the 1st of the month, or whenever your rent is due.

The Florida statutes requiring a 15 day notice applies to renters that have not signed a lease stating otherwise. You owe for 1 month worth of rent. you are SOL.

 

[Banned_Princess]

You don't understand. your contract requires that you give a 60 day notice to be given before or at the 1st of the month, or whenever your rent is due. if you give notice on may 15th and your rent is due on the 1st, then your notice takes effect on June 1st.

The Florida statutes requiring a 15 day notice applies to renters that have not signed a lease stating otherwise. You owe for 1 month worth of rent. you are SOL.

Do you mean June's rent?

If the lease ends may 31, and on june 1st he gives them 20 day notice he's leaving on the 20 th. hes a month to month, and none of the lease is enforceable...

I thought we were trying to justify the security back.

 

[Banned_Princess]

(3) When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

Ok, so he has to give 15 days notice, before the END of the month, so the latest he can notify of moving would be June 16 that he will be out by July 1



Either way you owe for all of june.

 

[atomizer]

The terms of the lease are that he give a 60 day notice PRIOR to the end of the lease. OP breach the lease by not giving proper notice PRIOR to the end of the lease. The lease was still in effect when he gave his 42 day notice. He is in default. If his lease does not self renew, he will automatically become a month to month tenant and he can give a fifteen day notice that he will be moving at the end of the month.

 

[Banned_Princess]

The terms of the lease are that he give a 60 day notice PRIOR to the end of the lease. OP breach the lease by not giving proper notice PRIOR to the end of the lease. The lease was still in effect when he gave his 42 day notice. He is in default. If his lease does not self renew, he will automatically become a month to month tenant and he can give a fifteen day notice that he will be moving at the end of the month.

Negative, the lease absolutely ends and goes standard month to month on June 1. that I got.

Yes, we agree that thats what I'm getting at at the end of your statement.