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Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 19690
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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My land lord says I need 60 days notice per the lease. I read

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My land lord says I need 60 days notice per the lease. I read the lease differently. Can you confirm who is right? The Term clause is shown below verbatim: "Term of the lease shall be for a term of 1 (one), year (s) beginning on the first day of May 2013 and ending on midnight (12:00am) October 30, 2013. It tenant remains in possession of the leased premises without the consent of the landlord after the expiration date stated above, this lease will be converted to a month to month lease and each party shall have right to terminate the lease by giving two (2) month's prior written notice to the other party." As I am still within the 1 year date and the two month's notice is tied to the post year month to month notice, I interpret the lease to mean as long as I am out by October 30th, I am ok and do not have to give 2 month's notice. The landlord is not only claiming I need to give the notice, but failure to do so he claims makes me liable for 2 months of rent.

Thank you for the information and your question. I have no idea if there is anywhere else in the lease that addresses the notice required before the end of the initial lease period, but I can say that the language you provided agrees with your interpretation. That is that this paragraph only pertains to notice required in the holdover month to month tenancy and not to the original 1 year lease. That is unusual, as most leases do contain the notice requirement (60 or 30 days) before the end of the original lease period, but if yours doesn't have that somewhere else, then you owe no notice that you are moving at the end of the 1 year period.

In this case you are lucky you live in PA since it is one of the few states that don't follow the Uniform Residential Landlord and Tenant Act, which requires a minimum of 30 days written notice to end any rental agreement.

Please let me know if I clarify anything for you. I would be glad to assist you further if I can.
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Customer: replied 3 years ago.

Thank you. There is no other discussion of term or notification in the landlord created (not a standard form) lease.

You're welcome and thank you for that clarification. Well, then the landlord messed up in drafting the lease, since the 60 days only modifies the month to month language.
Customer: replied 3 years ago.

If possible, I can email a pdf of the lease.

Unfortunately we are not allowed to provide legal advice or a legal opinion since we cannot form an attorney-client relationship and reading and interpreting, or drafting, an entire contract, would cross that line, so I can't review it. However, it appears that you have a good grasp of what you are reading and how language is interpreted, so if you don't see any other notice requirement in the lease, then it is probably not there. If you would feel better having someone review your entire lease, and maybe write your landlord a letter, then you would need to go to a local attorney and have them do it. If you can't afford one, you might qualify for assistance from your local Legal Services or Legal Aid Office.

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