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12-month lease. Notice required?

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12-month lease. Notice required?

Postby CityDweller » Wed Jul 08, 2009 9:00 am

I am on a 12 month lease (non-regulated) with an end date of July 31. The lease has no specific clause regarding notice, nor does it have an auto-renewal. Based on my research here, am I correct in assuming that I do not have to give any notice to the landlord regarding my leaving at the end of the term?

I probably will give some notice, 2-3 weeks, but in our initial discussions regarding a potential renewal the LL said something to the effect of how he'd like 30 days notice and "thought" the lease had something to that effect because it's "pretty standard." Yesterday he dropped a lease renewal with us to sign and return, but we have ultimately decided that the price is not acceptable. So my concern is that given his expectation of 30 days notice, he'll try to penalize me via security deposit.

Am I in the right here? Is there a specific law/regulation I can cite?
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Postby TenantNet » Wed Jul 08, 2009 9:18 am

My understanding is that when the lease is over, it's over and no notice is necessary. See the section on Month-to-Month tenants in the reference section. But the lease itself allows for a termination date, and that in itself is "notice."

Nevertheless, some might expect a notice for courtesy, but without legal requirement. Some tenants withhold the last month's rent to recover a deposit that they anticipate the landlord will improperly withhold. Always something to consider.

If you feel the price is too high, if it's an unregulated apartment, I know some owners are giving discounts to tenants to get them to stay. I know one luxury unit that went from $3700 to $3000 when the tenant told the LL they could move down the block to get a better deal. You don't see this with units with lower rents, but on the high end, there's room to negotiate.
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Postby CityDweller » Wed Jul 08, 2009 9:28 am

Thanks for the quick reply.

TenantNet wrote:
Nevertheless, some might expect a notice for courtesy, but without legal requirement. Some tenants withhold the last month's rent to recover a deposit that they anticipate the landlord will improperly withhold. Always something to consider.


Ironically, I'm in a complete opposite scenario. I paid first and last at lease-signing, AND I just sent a check for July (the last month) because I thought we'd work something out. I made sure to write "July - LAST MONTH" on the check to indicate that it was duplicative of what I paid at lease-signing, in case we didn't end up renewing. So I'd be expecting that $ and security to be returned. This is why I'm nervous about a "fight" over notice.

If you feel the price is too high, if it's an unregulated apartment, I know some owners are giving discounts to tenants to get them to stay. I know one luxury unit that went from $3700 to $3000 when the tenant told the LL they could move down the block to get a better deal. You don't see this with units with lower rents, but on the high end, there's room to negotiate.


We've had the discussion around discounts, and LL is not willing to lower it. That's the reason for moving. We found a near exact replica of our apartment, over 15% cheaper, in the same neighborhood. Perhaps when I break the news that we're moving, LL might change their tune. Otherwise, it makes no sense to stay.
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