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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14454
Experience:  15 years exp all aspects of general law
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My lease has a location under the section titled TERM where

Customer Question

My lease has a location under the section titled TERM where there are 2 check boxes underneath one of which stating the end date of the lease and the other stating that 30 days written notice can be given to vacate the premises after occupying the home for at least 12 months. Neither box is checked on the lease and the broker for the owner stated the having written the end date of May 30, 2011 in the line implies that this is the only option. I am making an assumption that I can use either box since neither is checked. My lease began on 17 Feb 2010 and I intend to vacate by March 31, 2011. Is this a safe assumption I can use the 30 days notice after 12 months?
Submitted: 3 years ago.
Category: Legal
Expert:  Legalease replied 3 years ago.

Hello. Unfortunately, no you cannot use either of the non-checked options. You see, one or both of those options would have had to have been checked at the time both you and the landlord executed the lease. These terms were deliberately left blank (so they do not apply to your leasing situation) and the end date of May 31, 2011 inserted as the lease end date. If you leave early like this without having any habitability issues (no heat, etc), the landlord can sue you for the remaining two months due under the lease if the landlord is unable to rent the place out during those two months that you had agreed to rent it. You might ask if you can work something out with the LL regarding the last two months on the lease depending upon the reason you are moving -- if you can give plenty of notice perhaps the LL can get the place on the market now and have the place rented for an April 1 or April 15 start date for a new tenant (if the LL can rent it, he must credit you with the amount paid by the new tenant).

 

I wish I had better news for you here, but I don't -- it is what it is. When LL's use contracts like this, all they do is create confusion.

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