If a lease automatically renews for another year at the end of the term, is a landlord required to give the tenant any notice?
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If a lease automatically renews for another year at the end of the term, is a landlord required to give the tenant any notice?
Our landlord did not remind us that we had to give 60 days notice in order to terminate the lease, and that if we did not the lease would automatically renew for another year. We discovered this/decided to move around 30 days before the lease term and our landlord permitted us to give 60 days notice so long as it was before the end of that month. Following, we have both received letters stating that the lease has been renewed and we must pay through the term until they can find other tenants. Is there any way to avoid this? We are not financially capable to pay rent 2two houses at once.
Asked on June 9, 2011 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) A landlord is NOT obligated to give a tenant a reminder of an automatic renewal or notice period, unless and only to the extent that the lease itself states that the landlord will provide the reminder. So if there was no obligation on the landlord in the lease, he/she/it did not need to provide a reminder and you would be bound if you did not provide enough notice.
2) The above said, if the landlord agreed to allow you out of the lease anyway (such as after 60 days notice), then that agreement is enforceable. The problems may be that if the agreement was oral or verbal, then if the landlord does not remember it, disputes it, etc., you may be very hard to prove the existnece or terms of the agreement. However, if it was a written agreement or you have good evidence (e.g. emails) of the discussion leading up to the oral agreement, you may be able to enforce it.
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