Question
Lease expires in 2010; however it says that I may break at anytime and now landlord is not cooperating.?
My lease expires June 2010; however, the lease also said that both parties are in agreement that the Renter may terminate this agreement at anytime. Since the lease says that I may terminate the lease at anytime, do I have to give a 30 days notice? Or does having that language superceed the 30 day notice to vacate, since the lease does not say 30 day notice is required? 2 days ago - 2 days left to answer. Additional Details Thanks to everybody who has responded. I want to add some details. I moved out, giving my landlord one week's notice because I felt legally that I can leave at anytime based off what the lease said. My landlord responded that I am responsible for paying rent until June 2010, unless it is rented out... Then my landlord responded a few days later, "It looks like you have a month-to-month lease, therefore, CA law, which superceeds the lease, requires you to give 30 day notice.." I want to remind people that this was a one year lease which expires June 2010. This is what the last paragraph of the lease says: TERMINATION OF AGREEMENT It is mutually agreed that the Renter shall have the right to terminate this Agreement at any time by payment of one full days rental for each 24-hour period or any part thereof, during which the Renter has retained possession of the property and any accessories/equipment during the term of this agreement. Am I justified in moving out in this manner
4 weeks ago - 1 answers
Best Answer
Chosen by Asker
From what you have given us, I believe you are in the right. However, it is possible that the lease is contradictory. Does it say elsewhere that you have to pay by the month? If so, then I'm not sure what your next step is. If not, however, then I would refuse to pay further and would KEEP A COPY OF YOUR LEASE in case they choose to sue you for losses (which they likely won't, if they're genuinely wrong). If it's at all possible, you might consult a lawyer.
by SK
4 weeks ago
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Other Answers
I'm sure that one week's notice is not acceptable. The lease agreement itself does not contain all the details about what is required to break a lease. You would need to consult your landlord to find out how much notice needs to be given. Many landlords require 60 days written notice to break a lease and you are required to sign an intent to vacate notice. The property management company then determines how much to charge you based on when your lease is being broken. It's standard policy to pay 2 months rent plus an administrative fee as penalty when you break the lease early. Your landlord is justified in taking you to court and suing you if you abandon the property and do not follow the rules when moving out. You seem to be making a lot of assumptions about what you can and cannot do when moving. I would not make an assumption and hope that all ends well. You're likely to run into trouble with that philosophy.
by Heather- 4 weeks ago



