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Posted by PreZ on February 04, 2002 at 23:04:00:

I have a 1 year lease, which expires end of this month. End of last month I gave 30 days notice I was not renewing my lease and vacating. LL says the lease requires 60 days notice, and wants to charge me next months rent too, even without me living in the place.

Lease DOES mention 60 days notice, and also mentions that I automatically transfer to a month-by-month lease if I dont renew my lease (and obviously, dont move out). AFIK, If I tell them I am moving out AND I am not renewing my lease within 20 days of end of lease (regardless of their manufactured 60 day required notice period, which mostly applies to breaking lease), they cant charge me rent after the end of the lease.

I need to know what the actual legal statute is on required notce of non-renewal of lease (and if their 'require 60 days' is binding even past the lease end), assuming vacation of the property before lease end.

The lease also has some clause in it about 'If we offer you a renewal, you have 30 days to inform us weather you wish to accept or decline our offer'. I received such an offer 2 weeks before sending in my 30 days notice. Again, AFIK they have to explicitely inform me of some kind of auto-renewal clause 120-150 days before the date I would have to renew, AND must give me 60 days to decide weather to renew or decline (note: I am not in any kind of rent controlled or stabalized apartment).

As a final note, I, unfortunately am also one of those people who was told 'just sign, you will have plenty of time to read it later', in a 'now or never' kind of deal. So no oportunity to contest or negotiate lease terms before signing. Might be some legal grounds there, but thats shakey.

Anyway -- legal options, law quotes, case law, anything that would aid me in my current situation would be helpful.

Thanks,

PreZ

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Comments:
: I have a 1 year lease, which expires end of this month.  End of last month I gave 30 days notice I was not renewing my lease and vacating.  LL says the lease requires 60 days notice, and wants to charge me next months rent too, even without me living in the place.

: Lease DOES mention 60 days notice, and also mentions that I automatically transfer to a month-by-month lease if I dont renew my lease (and obviously, dont move out).  AFIK, If I tell them I am moving out AND I am not renewing my lease within 20 days of end of lease (regardless of their manufactured 60 day required notice period, which mostly applies to breaking lease), they cant charge me rent after the end of the lease.

: I need to know what the actual legal statute is on required notce of non-renewal of lease (and if their 'require 60 days' is binding even past the lease end), assuming vacation of the property before lease end.

: The lease also has some clause in it about 'If we offer you a renewal, you have 30 days to inform us weather you wish to accept or decline our offer'.  I received such an offer 2 weeks before sending in my 30 days notice.  Again, AFIK they have to explicitely inform me of some kind of auto-renewal clause 120-150 days before the date I would have to renew, AND must give me 60 days to decide weather to renew or decline (note: I am not in any kind of rent controlled or stabalized apartment).

: As a final note, I, unfortunately am also one of those people who was told 'just sign, you will have plenty of time to read it later', in a 'now or never' kind of deal.  So no oportunity to contest or negotiate lease terms before signing.  Might be some legal grounds there, but thats shakey.

: Anyway -- legal options, law quotes, case law, anything that would aid me in my current situation would be helpful.

: Thanks,

: PreZ


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