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Posted by William Gene Cole on August 02, 1996 at 19:34:55:

There was a clause in my apartment lease which stated the following:

17. RENEWAL: This lease will continue as a month-to-month lease after
initial term at a 5% increased rate until either you or we give the other
at least thirty days written notice of termination. Termination must be
the last day of the initial term or the last day of a subsequent calendar month.
We encourage you to stop by the office at least 30 days before the last
date of this lease to review your renewal options.

I think this clause provides for, in the event of holdover tenant, a tenancy
at will OR (note the part, "either you or we give the other written notice...")
a tenancy at sufferance, and the rate. My former landlord says that it is a
mandate that tenants give them a thirty day notice of intent to vacate and
a penalty equal to one months rent for failure to do so.

Who's right? Me or them, or is there another meaning?

Follow Ups:

• Re: 30 day notice AND penalty!? TenantNet 8/03/96 (1)
  • Re: 30 day notice AND penalty!? William Gene Cole 8/04/96 (0)

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Comments:
: There was a clause in my apartment lease which stated the following:

: 17. RENEWAL:  This lease will continue as a month-to-month lease after
: initial term at a 5% increased rate until either you or we give the other
: at least thirty days written notice of termination.  Termination must be
: the last day of the initial term or the last day of a subsequent calendar month.
: We encourage you to stop by the office at least 30 days before the last 
: date of this lease to review your renewal options.

: I think this clause provides for, in the event of holdover tenant, a tenancy
: at will OR (note the part, "either you or we give the other written notice...")
: a tenancy at sufferance, and the rate.  My former landlord says that it is a
: mandate that tenants give them a thirty day notice of intent to vacate and
: a penalty equal to one months rent for failure to do so.

: Who's right?  Me or them, or is there another meaning?


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