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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 24392
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My landlord is refusing to renew my rent, because of

Customer Question

My landlord is refusing to renew my rent, because of hearsay. My lease was up in the 31st if last month, but I was not given my letter until the 30th of last month with only two weeks notice. Is this legal?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. If the lease has expired and you were renting month to month, then the landlord would only need to provide you with a 10 day notice to vacate, if they did not want you to remain. I know it is not ideal but is what is required under the law and I have provided the code below, for your review. Now, if you were still under your lease, then to terminate the lease absent any additional langauge stated within, they would need to give you a 30 day notice. As long as the landlord is not discriminating against you, they can terminate you lease and not have to renew, as they see fit.

Art. 2728. Notice of termination; timing

The notice of termination required by the preceding Article shall be given at or before the time specified below:

(1) In a lease whose term is measured by a period longer than a month, thirty calendar days before the end of that period;

(2) In a month-to-month lease, ten calendar days before the end of that month;

(3) In a lease whose term is measured by a period equal to or longer than a week but shorter than a month, five calendar days before the end of that period; and

(4) In a lease whose term is measured by a period shorter than a week, at any time prior to the expiration of that period.

A notice given according to the preceding Paragraph terminates the lease at the end of the period specified in the notice, and, if none is specified, at the end of the first period for which the notice is timely.

Expert:  RealEstateAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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