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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 17038
Experience:  Licensed Attorney with 28 yrs. experience with Real Estate
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I am looking for clarification of my lease... The one year

Resolved Question:

I am looking for clarification of my lease... The one year rental term has come and gone and the lease automatically renewed for a term of 30 days "also called the 'renewal term' at the end date of this lease or at the end of any renewal term unless: 1. tenant gives landlord at least 90 days written notice before the end of any renewal term, 2. landlord gives tenant at least 90 days written notice before the end of any renewal term." Since we are on a month to month basis, do I need to give 30 days notice, or 90 days? Thank you
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 10 months ago.
Hello,

Thank you for the information and your question. However, I will need some clarification from you in order to assist you. You say that the lease renews for only 30 days and that this is called the "renewal" term, is that correct? If so, how could there be a 90 day notice before the end of the renewal term, since it is only 30 days long? Or, are you saying the lease turns into a month to month lease at the end of the initial one year term? In that case, does the lease actually say the month to month lease is called the renewal term? This doesn't sound like it is written very clearly or well. Can you tell me what State you rent in?
Customer: replied 10 months ago.


Thank you for your time. I am renting in Delaware. The lease turns into a month to month at the conclusion of the 1 year term. The lease calls the 30 days the renewal term. So I am wondering because the term is only 30 days at a time, do I only need to give 30 days notice, or because it states that the 30 days is the renewal term, do I need to give 90 days notice?

Expert:  Marsha411JD replied 10 months ago.
Hello again and thank you for the information. Oddly enough, Delaware is one of the only states I know of that requires 60 days notice by either party to terminate a month to month lease. So, unless your lease mentions 30 days notice for a month to month, then the law is at least 60 days notice must be given. Then there is the issue of whether your lease requires 90 days instead of 60. If the lease has defined the term following the end of the one year lease as the "renewal" term and says that 90 days notice is required to terminate the month to month lease during the renewal term, then that would be an enforceable provision. It is a bit unusual, but so is requiring 60 days notice under the statute to end a month to month. But yes, the lease can require more notice, just can't allow for less notice than the 60 days required by statute.


You can see the law by going to: http://legis.delaware.gov/Legislature.nsf/1688f230b96d580f85256ae20071717e/1f058f9cecf0e1bd85256f7000607756/$FILE/lanten.pdf
Section 5106-5108 apply.

Please let me know if you need any clarification. I would be glad to assist you further if I can. Also, let me know if you are not seeing a "ratings" pop up or if you are having difficulty rating my assistance to you. We are having some technical problems today, so I appreciate the feedback.
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 17038
Experience: Licensed Attorney with 28 yrs. experience with Real Estate
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