Q: My lease is ending this month but we are still renting via verbal agreement. How much notice do we need to give to move?
I rent a house with a formal written lease that ends May 30th. This lease includes 60 days notice if we had decided to move during our lease period. Now that our lease is up, can we give 30 days notice legally? Does it go to month to month by default? My landlord verbally agreed we would stay until the "end of summer" or longer but has now decided to sell. They gave us 90 notice one they decided to sell. If we want to move before the 90 days, do we still have to give 60 days?
Also we paid first and last and deposit. I dont want to lose my deposit if we move out before the 90 days.
Thank you so much for your help!
A: No one can tell you anything definitive without carefully reviewing your lease. That said, normally you would have to provide at least 30 days prior written notice that you were terminating your tenancy or owe rent through up to 30 days after you left (if you left with no prior written notice). The landlord is obligated to provide you at least 90 days written notice terminating your tenancy without cause if he sells the dwelling, but cannot provide that notice UNTIL after he has accepted an offer to buy the place from a buyer who intends in good faith to occupy the dwelling as their primary residence AND the landlord provides you written notice of the sale. Your landlord can waive any requirement of notice from you if you wish to leave earlier, but is not obligated to. I suspect the 60 day notice requirement from you in the lease was never legally enforceable but again, no one can tell you much with certainty without reviewing the lease itself and any other associated documentation.
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