Q: I have a month to month lease in a commercial space. Can I leave with less than 30 days notice to landlord?
I have a 6 month trial commercial lease. Started Dec1, 2022. With a three month guarantee and there after month to month basis. After June 2023, it would renew if no notice was given within 30 days from tenant to be a year lease. I would like to leave at the end of March 2023 today I would like to give landlord notice that I want to leave. All rent is paid up to date. Do I have to give a 30 day notice or can I just tell landlord in writing that I want to vacate before the next month April goes into effect without penalties? I can no longer work under the commercial lease because landlord is very volatile and confrontational. Need to be removed of this location asap.
A: The terms seem a little unusual, but whatever you agreed will govern. If the lease is month to month, no notice is required as a matter of law. Just do not pay April, and leave by March 31. However, if your document requires something different, that will govern.
Steven Warren Smollens and Peter J. Weinman agree with this answer
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.
