Recent Feedback
Our rental lease states the following: "The term of this lease shall be for a term of approximately 12 months, commencing on the 24th day of October 2008 and terminating on the 30th day of September 2009 at 12:00 o'clock midnight, for a total rent of $17940.00. The rental will automatically convert to month-to-month rental effective 10/24, 2009 in the absence of written 30-day notice to terminate by either party prior to 9/23, 2009." I am confused as to when the actual end of the lease is??? The dollar anount stated would mena the term was for 12 months X $1495 per month, but does the lease end on the 30th of September? It is a little ambiguous to me. Thanks, Dianne PS We live in Nevada.
DearCustomer- You are correct, the lease is ambiguous. Generally the court will try to determine the intent of the parties and based on the facts presented it is my opinion that the lease would end on 10/23/09. The reason I say this is because more language seems to point to that date rather than the 9/30 date.
I know it says "will terminate on 9/30" but everything else would indicate 10/23. The 12 months rent, conversion to month to month and the notice to terminate all indicate that 10/23 is the date. Whoever wrote the lease may have had 9/30 in mind but all other terms indicate differently.
Obviously an argument can be made either way so it would depend on how important 23 days of a lease would be to either party. If the tenant wants to move on 9/30 then I would suggest giving notice on 8/31 and if the landlord wants the property back on 9/30, I would suggest the same. At that point the other party would have to argue the 23rd as the ending date.
I'm not certain from your question what objective you have or if you are just curious but, as I said, you can make a case for either date.
Dave Kennett
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Thanks Dave:
I also assumed that they meant the lease to run until 10/23. We are the tenant, and have found a potential property that we want now...I hate to waste money even if it is only 23 days...Also, the property manager has lied on a number of occasions and I hate calling them for anything...I'll try giving notice on the 31st and see what happens....Thanks, Deedee
Yes, I would do that and they want to argue the 23rd then you can simply refer to the language that says the lease terminates on 9/30. Since the lease provided for a 30 day notice from 9/23 then you would be giving a 30 day notice. Also, if they wrote or provided the lease you can use the argument that any ambiguity should be construed against the party that either wrote or supplied the document.
Be certain to give any notice in writing and by certified mail so there are no questions as to timing or receipt of the notice.
Dave