North Easton, MA asked in Landlord - Tenant for Nebraska

Q: Can I be reqired to pay additional month rent (at a raised amount) if landlord didn't receive 60 day written notice?

I informed property management company of move out in January of 2024 via phone call. In March, new property management company took over. I received 2nd notice of lease renewal and called new property management company to find out move out procedure. I was just notified that they will be charging me 1 additional month since they did not get notice in writing within 60 days (April 21). Additionally, that 1 month will be $405 more than what i currently pay.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: It's crucial to understand that many rental agreements and landlord-tenant laws require move-out notices to be given in writing to be legally valid. Even if you verbally informed the original property management company of your intention to move out, if the lease agreement specifies that notices must be in writing, the verbal notice might not meet the legal requirements. This distinction often leads to misunderstandings between tenants and landlords or property management companies.

When a new property management company takes over, it's possible they will adhere strictly to the terms of the existing lease agreements, which can include the written notice requirement and stipulations about rent increases for holdover periods. If the lease specifies a 60-day written notice and outlines consequences for failing to provide such notice, they may enforce these terms, including charging additional rent or increasing the rent for any period beyond the original lease term.

To address this situation, you might want to review your lease agreement to confirm the notice requirements and any terms regarding rent increases. Communicating directly with the new property management company to explain your situation and negotiate may also be helpful. If the dispute remains unresolved, seeking legal advice or assistance from a tenant advocacy group could provide you with more specific guidance based on your local laws and the specifics of your case.

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