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Am I required to give 30 day notice?



gregory@ferris.net (Greg Ferris)
8/5/2003 3:28:07 PM


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?
 
 
TOTE@dog-play.com
8/6/2003 10:37:40 AM


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
 
 
bgold@nyx.net (Barry Gold)
8/6/2003 10:37:41 AM


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.
 
 
"John A. Weeks III"
8/6/2003 10:37:41 AM


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
====================================================================
 
 
Stan Brown
8/6/2003 10:37:42 AM


[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
 
 
"Arthur L. Rubin"
8/6/2003 10:37:43 AM


(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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