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Posted by William Gene Cole on August 04, 1996 at 21:06:54:

In Reply to: Re: 30 day notice AND penalty!? posted by TenantNet on August 03, 1996 at 14:10:17:

: : 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?

: The state you live in may have a particular slant on this. However,
: I think it's fairly clear. Your tenancy will continue month-to-
: month until you give notice or they do. What they are saying is
: that you can't give two weeks notice. Of course you can move out
: whenever you wish, but they can then apply your security deposit
: for those 30 days. Some tenants choose to not pay the last
: month's rent if they know they are moving in order to "retain"
: the security deposit, but some owner's might come after you for it.

Does this make any difference: We weren't holdover tenants. We were simply
vacating at the end of our original, one year, lease term. Still, they used
this "renewal" clause to say that because we didn't notify them of our
intent to leave at the end of the term (As if there were more than two
possibilities), they could penalize us at a rate of one month's rent plus
5%.

Thanks for your help.

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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?

: : The state you live in may have a particular slant on this. However,
: : I think it's fairly clear. Your tenancy will continue month-to-
: : month until you give notice or they do. What they are saying is
: : that you can't give two weeks notice. Of course you can move out
: : whenever you wish, but they can then apply your security deposit
: : for those 30 days. Some tenants choose to not pay the last
: : month's rent if they know they are moving in order to "retain"
: : the security deposit, but some owner's might come after you for it.

: Does this make any difference: We weren't holdover tenants.  We were simply
: vacating at the end of our original, one year, lease term.  Still, they used
: this "renewal" clause to say that because we didn't notify them of our
: intent to leave at the end of the term (As if there were more than two
: possibilities), they could penalize us at a rate of one month's rent plus
: 5%.

: Thanks for your help.



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