Is there a legal requirement that a tenant on month-to-month after a lease expires give any notice to vacate not specified in the lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a legal requirement that a tenant on month-to-month after a lease expires give any notice to vacate not specified in the lease?
My lease expired 4 months agoand I’ve been month-to-month since. I pay rent on the first of the month. The lease states: “If you continue to occupy the premises with our consent after this lease ends, this lease will be on a monthly basis. In that case, either you or we can send a 30 days notice to the other and cancel lease before lease period ends.” I gave notice 5 days ago and asked to prorate next month’s rent for 5 days, through the 5th. The landlord insists I must give notice on the first to provide a full calendar month but that is not specified in the lease.
Asked on July 10, 2012 under Real Estate Law, Connecticut
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, if a tenant is on a month-to-month lease and the tenant or the landlord gives the required written notice of termination of the lease, the time period of the lease will end thirty days from the date the notice is given.
If you gave notice on July 10, 2012 in writing to you landlord that you are ending your lease in thirty days, your lease is up August 10th, 2012 and you only have to pre-pay rent through August 10, 2012 instead of the entire month of August 2012.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.