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  1. #1
    Join Date
    Feb 2007
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    1

    Exclamation Moving Out, And 60-Day Notice Provision In A Lease

    I have a rental agreement with a tenant that will expire at the end of Feb, 2007. Our rental agreement states that the lease will go month to month after that date. In my contract with them it states that "This agreement and the tenancy hereby granted may be terminated at any time by either party hereto by giving to the other party not less than 60 days prior notice in writing." The tenant just sent me a certified letter stating that they will be moving out "on or about Mar 1st, 2007" . Can they do that? Can they leave at the end of our lease and not be required to follow the signed contract stating "60 days" ?

  2. #2
    panther10758 Guest

    Default Re: Renter that wants to move out

    The wording on your agreement says no but in most cases a 30 notice is all tenant is required to give. I suggest you consult with a Landlord/Tenant Attorney and bring contract to that meeting. without knowing your states laws or seeing document (rental agreement) its hard for anyone to say

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Renter that wants to move out

    It could depend on state law, and is most likely to depend on the broader language of the contract. That language makes it sound like a tenant can terminate by giving sixty days notice during the term of the lease, which was apparently a year. Unless the lease renews, although most of the lease provisions would carry over to a month-to-month tenancy at the end of the lease, if I am correct that one would probably no longer be relevant.

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