Q: Lease agreement states 60 days notice must be given, tenant only gave 10, do we have any recourse to enforce the lease?
The original year lease was extended to month to month awhile ago. However, the original lease does state under the Automatic Renewal Section the following:
This lease shall be renewed automatically for one-month periods beginning on the first day of each month thereafter MAY 1st, 2020, under the same terms and conditions stated, unless either party shall give written notice to the other within sixty (60) calendar days prior to the expiration of the term of this lease. [...] Failure of either party to give this required notice will automatically renew this lease and all of the terms thereof except that the term of the lease will be for one (1) month. This provision is a continuing provision and will apply at the expiration of the original term and at the expiration of each subsequent term.
Is this 60 days notice valid? Do we have legal grounds to recoup 2 months rent per the 60 days outlined in this section?
A: You need to pay for a review of the contract by an attorney and bring the entire lease. The 60 day notice provision, if accurately represented, is "valid" because parties may contract on any matter not prohibited by law. Your question is unclear on how you think you can recover 60 days when a lease is month to month, and hence, your need to hire an attorney
Randy Bryan Ligh agrees with this answer
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