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terminating lease - who is right?

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terminating lease - who is right?

Postby coyote524 » Thu Oct 06, 2011 11:48 am

My lease ends in November. In mid September, I received a notice from my landlord that if I want to renew, the rental rate will be higher. This notice requested that I respond within 30 days regarding whether I want to renew for another year at an increased rate or switch to month-to-month at a hugely increased rate.
The new rents were more than I wanted to pay, so I provided notice in late September that I was going to vacate at the end of my lease.

My landlord is insisting that I give 60 days notice of my intent to vacate and is demanding that I pay for the next 60 days. However, the landlord did not notify me of the rent increase within 60 days of the end of my lease, so I could not have provided 60 days notice.

I don't know who is right.

The relevant facts:
Nov. 1 -- the end of my lease
Sept. 4 -- date and postmark on rental-rate increase notice
Sept. 29 -- I provide written notice of intent to vacate at the end of my lease
Nov. 28 -- how long the landlord insists I pay for

The relevant section of the lease:
"After the initial term of this lease, the rental shall be continued month-to-month at the current rate unless on or before 60 days prior to the commencement of the rental period, tenant or landlord gives the other party written notice of termination as of the last day of such rental period. If, on or before 60 days prior to the last day of any such rental period, landlord gives tenant written notice that any renewal shall be at a stated monthly rental different from the previous monthly rental, renewal shall be such new stated monthly rental, unless within 10 days after tenant's receipt of such notice, tenant gives landlord written notice of tenant's intent to terminate this lease."
coyote524
 
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