Tenant Lease Disagreement

[TillyB]

I have a tenant whose lease expires March 31, 2002 which states he has to give a 60-day written notice to terminate lease. We recently drew up a new month-to-month lease that commences on April 1, 2002 that says a 45-day notice must be given.........My question is: He gave us a 45-day notice to terminate on March 27, 2001 while the original lease in still in effect. Does he have to honor the original lease or the new lease, although it is not even in effect yet?

 

[Cvillecpm]

45 days. You had already agreed to modified termination notice at the time he gave it AND it would have extended only a few days if he had done 4/1....think of it this way, you got 15 more days notice than if he had paid April rent and given 30 day notice with no new month/month.

People get confused with the term month to month. It is actually a periodic tenancy and you both agreed to the 45 days for termination notice.