Landlord Wants To Charge Extra Money For Moving Out

[Suky]

Here is our situation. We've been living in a Appartment Complex for 2 years now. We renewed our lease once. At the term of the 2 year, my husband and I decided that we would not renew our leasing contract. As such we informed the appartment complex staffing agency. They told us that we could remain in the appartment but will be in a month to month contract and will have pay extra $150.00 for the rent. We agreed to do so. So we've been paying for rent as agreed upon and we've never been late or missed a payment. As of now, we're ready to move out but the Appartment Complex representative is saying that we need to provide them a 60 notice to vacate per the term specified in the last lease agreement. (that is the one that expired and we decided to not renew). We are not under a contract with them and we have been paying our rent on a month to month basis. Now they want to charge us $1600.00 as penality to let us move out!! Can they do that ? Is there any way we could avoid this fee and still move out ?

Thanks for your help.

Suky

[Mr. Knowitall]

In many states, when you go "month to month" the terms of the prior written lease continue to govern your tenancy, such that if it includes a 60-day notice requirement that continues to apply despite your being "month to month". I don't see that you identified your state; laws are different in each state.