Q: Does first-year notice penalty apply after 3 years of occupancy?
I have lived in my apartment for three years under a fixed-term lease. My current lease ends at the end of this month, and I informed the property management today that I won't be renewing. The lease states that if the ending date falls within the first year of occupancy, I must provide at least 30 days' written notice of my intent to vacate, or the owner may recover actual damages, such as rental loss. Does this clause apply to me given that I have lived here longer than a year, and have provided less than 30 days' notice?
A: It depends upon what your lease says about termination and whether you are terminating a fixed term lease or a month to month tenancy. Regardless, read your lease. The norm, however, is to require at least 30 days written notice (written means written - NOT email, text, verbal, etc.) and you would ordinarily owe rent through the end of that 30 days, regardless of how long you have been there.
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