Q: I gave 60 days notice to terminate my lease but my landlord says that was insufficient is is trying to force us to stay?
Signed a lease in July 2014 with a written end date of July 2015. Terms stated lease does automatically renew unless 60 days notice is given. We have never signed a new lease renewal. I gave my landlord 60 days notice that I want to leave on January 31, 2020, but they are claiming we are breaking the lease as this is prior to July 2020. Is this legal? What can they technically do to us if we turn in our keys on January 31st and stop paying rent?
A: The 60 days notice is required to terminate the lease at its normal expiration date, July 2020, and not have it auto renew. You will have to negotiate an early termination with landlord on whatever terms landlord will accept. Landlord is under no obligation to terminate early. The lease is a contract. You are responsible for rent through the end of July. If you leave early, landlord can file an eviction and sue you for unpaid rent. An eviction is permanent public record that can make it difficult to rent from a landlord who checks, even years later. Landlord can also make an adverse entry on your credit report, lowering your credit score which a landlord can also check. Try to negotiate an early termination with landlord to avoid all that.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
