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I have a one year lease in my current apartment that is about to expire. I do not intend to renew the lease. Am I required to provide my landlord 30-day notice, or does this only apply if I am month-to-month?
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On Tue, 05 Aug 2003 15:28:07 -0400 Greg Ferris <gregory@ferris.net> whittled these words:
I have a one year lease in my current apartment that is about to expire. I do not intend to renew the lease. Am I required to provide my landlord 30-day notice, or does this only apply if I am month-to-month?
If you want to play it safe give the 30-day notice. Otherwise the answer will be in your lease. Read your lease. What does it say about termination? What does it say about "hold-over"? What does it say about options to renew? Diane Blackman
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Greg Ferris <gregory@ferris.net> wrote:
I have a one year lease in my current apartment that is about to expire. I do not intend to renew the lease. Am I required to provide my landlord 30-day notice, or does this only apply if I am month-to-month?
Short answer: read your lease. It will probably say how much notice you must give if you do not want to renew the lease. Some leases will renew automatically for the same rent and time period if adequate notice isn't given. Others "convert" to a month-to-month rental. Some specify a 30-day notice, others require 60 days or longer. Longer answer: you need to at least say what state this is in. The laws are different in every state. In the area of residential rentals (e.g., apartments) they often differ from city to city in the same state! Absent other information, the most common situation is that, yes, you must give 30 days notice or the lease will either automatically renew or convert to a monthly tenancy. But see the above warnings about states and cities and the actual terms of your lease. -- I pledge allegiance to the Constitution of the United States of America, and to the republic which it established, one nation from many peoples, promising liberty and justice for all.
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In article <r010jvgl85pghi6rf20atmqjnol2vd1p2g@4ax.com>, Greg Ferris <gregory@ferris.net> wrote:
I have a one year lease in my current apartment that is about to expire. I do not intend to renew the lease. Am I required to provide my landlord 30-day notice, or does this only apply if I am month-to-month?
It depends on what your lease says. If you don't give proper notice, the lease will automatically renew. If the lease has a renewal clause, the lease specifies what will happen. If you don't have a renewal clause, then it reverts to state law. Here in Minnesota, you normally have to give a 60 day notice. If the lease automatically renews, it becomes a month to month lease, with a 60 day notice to terminate. -john- -- ==================================================================== John A. Weeks III 952-432-2708 john@johnweeks.com Newave Communications http://www.johnweeks.com ====================================================================
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[cc'd to previous poster; follow-ups in newsgroup suggested] In article <r010jvgl85pghi6rf20atmqjnol2vd1p2g@4ax.com> in misc.legal.moderated, Greg Ferris <gregory@ferris.net> wrote:
I have a one year lease in my current apartment that is about to expire. I do not intend to renew the lease. Am I required to provide my landlord 30-day notice, or does this only apply if I am month-to-month?
What does the lease say? Many provide for automatic renewal UNLESS one party gives notice in advance that s/he does not want to renew. If your lease is silent on the issue, then probably you don't have to give notice. However, check with your city hall to be sure. Ask whether there is any local law that makes certain leases automatically self-renewing. -- I am not a lawyer; this is not legal advice. When you read anything legal on the net, always verify it on your own, in light of your particular circumstances. You may also need to consult a lawyer. Stan Brown, Oak Road Systems, Cortland County, New York, USA http://OakRoadSystems.com
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(mailed and posted, o avoid NSP bug. Please reply in newsgroup) Greg Ferris wrote:
I have a one year lease in my current apartment that is about to expire. I do not intend to renew the lease. Am I required to provide my landlord 30-day notice, or does this only apply if I am month-to-month?
If the lease provides that it renews automatically unless you disclaim the renewal, or that it converts to a month-to-month lease, you need to give notice or it WILL convert. Disclaimer: I am not a lawyer. I have been a landlord and a tenant, and that's my understanding of the usual lease renewal clauses.
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