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Barrister
Barrister, Lawyer
Category: Real Estate Law
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Experience:  14 years real estate, Realtor. Landlord 24+ years
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My lease ends on 10/31/13. My landlord has sent me a lease

Resolved Question:

My lease ends on 10/31/13. My landlord has sent me a lease termanation letter. Which means i need to move at the end of the lease. Is that proper notice?
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Barrister replied 12 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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From a purely legal perspective, when a landlord and tenant enter into a written lease contract for a set term, when that term expires, the lease ends and the tenant's right to use and possession of the property end with it. If the tenant and landlord aren't able to reach an agreement to either enter into a new lease or continue on a month to month basis, then at the end of the written lease term, the tenant would have to move.
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So since the lease automatically terminates under its own terms, then there is no legal requirement for any type of advance notice. This is typically done as a courtesy by the landlord to remind the tenant that the lease will not be renewed and they will have to move when it expires.
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As for the email, this wouldn't be enough to bind the landlord to a new lease term, but could probably be argued that if you responded and accepted the rent increase that you would have at least one additional month at the higher rate even if you never signed anything.
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So I hate to say it, but if the landlord isn't willing to renew the lease, you would have to vacate at the end of it unless he agreed to accept the higher rent if you tendered it to him when your lease ends for the next month.
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As an aside, I have also been a landlord for over 24 years..
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23422
Experience: 14 years real estate, Realtor. Landlord 24+ years
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