Tenant signs a year lease from 8/07 to 8/08 and then signs addendum from 8/08 to 8/09. It’s now 12/09. Tenant wants to give 30 days notice to landlord to move out.
Landlord quotes first lease language as “The lease shall not be extended automatically from month to month upon the same terms and conditions as set forth in this Lease. Either of the Parties may give at least 60 days written notice of intention not to extend or to renew this Lease. If the Lease is extended, 60 days prior written notice by either Party shall be required to terminate this Lease. This notice shall be received no later than the first day of the month and the tenancy shall terminate on the last day of the month. Should tenant fail to vacate as scheduled, the per diem rent rate will double”.
Tenant never gave notice to renew lease in 8/09 and Landlord never gave notice to extend or renew lease in 8/09. Language of first lease seems to say that there will be no month to month after lease term ends but also seems to say that Tenant or Landlord MAY give 60 days notice not to extend or renew, not that it is required.
If Tenants kept living in apartment and Landlord didn’t request a renewal or extension of lease, do Tenants need to give 60 days notice to vacate?
Given the fact that the orignial lease was apparenly never formally renewed, it would seem pointless to quote any of its provisions as governing the post-lease addendum tenancy period, and what you’ve got in terms of the law is probably an extension of the addendum, which, however, if unclear as to the nature of the tenancy post 08/09 has likely been converted to a month to month lease arrangement allowing the tenant to vacate upon giving the landlord 30 days advance notice.
Michael E. Hendrickson
Attorney & Counsellor at Law
211 North Union Street Suite 100
Alexandria, 22314