Lease mystery
Our lease is up and our landlord would like us to sign a new one. However, we are house hunting and would like to be able to move if we find something. There is a clause in the lease that says “lease may be terminated only by 30 days written notice from either party.” Does…
Our lease is up and our landlord would like us to sign a new one. However, we are house hunting and would like to be able to move if we find something. There is a clause in the lease that says “lease may be terminated only by 30 days written notice from either party.”
Does this mean our lease is actually a month-to-month agreement, and we can leave anytime with 30 days notice with no obligation to pay the remainder of the lease?
Thanks, Christopher.
“How do you word the two-month-out clause? Thanks!
Posted by: mopar at May 14, 2009 6:07 PM”
I don’t have the rider with me, but it’s something to the effect of:
“Termination of Lease:
If the tenant wishes to vacate the apartment before the leas term is expired the tenant is still responsible for the payment of rent through the duration of the lease. However, if the tenant gives 2 month’s notice the lease will be vacated. The 2 months notice takes effect beginning at the 1st of the month after written notification to the landlord (ie: notice given on May 15, tenant responsible for June and July rent, lease terminates July 31)”
We can all guess, and all be right or wrong, depending.
I agree w/ ‘ask your landlord’. Generally most owners are reasonable. They/we prefer notice, and fewer unwelcome surprises.
Talk to the landlord, then you know how likely you will wind up in court. Just clarify so all intensions are known.
Happy house hunting!
How do you word the two-month-out clause? Thanks!
mopar- it’s always been my experience that breaking a lease means terminating before the lease is up Even with 30 days notice. The landlord can hold you responsible for the rest of the lease. If you find a replacement for the term of the lease they may allow you to do that without penalty.
30 days notice usually refers to the time your lease is coming due and the landlord want to know if you are leaving or re-signing. But if your lease is up and you still haven’t moved, AND the landlord is ok with that, you can go month to month but still have to give 30 days notice. Best to clarify with him and/or a lawyer but basically giving 30 days notice does not absolve you for the term of the lease.
I have a 2 month out clause also.
K
“I want to know if we will be liable for the rent for the remainder of the lease period.”
I know, that’s why should talk to your landlord. Alternatively you can consult a lawyer, but the landlord will be much cheaper.
Talk to your landlord about it.
One of my tenants was wary of signing a new lease for the same reason as you. However, I always put in a 2 month “out” clause, whereby as long as the tenant gives me 2 months notice I will terminate the lease.
Be sure to clarify the specifics. My clause is 2 months from the 1st of the month. Meaning if my tenant tells me on May 15 that they are leaving they are responsible for June and July. It’s not 60 calendar days, but 2 months from the next 1st of the month.
I want to know if we will be liable for the rent for the remainder of the lease period.