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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33705
Experience:  15 years real estate, Realtor. Landlord 26 years
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My lease expires 10/24/2016. I informed my landlord I do not

Customer Question

Hi, my lease expires 10/24/2016. I informed my landlord I do not intend to renew my lease and I plan on moving out once my lease expired. I live in New Mexico and everything I have read indicates I must give a 30 day notice on my intent to vacate the property. My lease states I must give a 60 day notice I do not plan to renew my lease. Is there something I can do or I am stuck paying for an extra month worth of rent?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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My lease states I must give a 60 day notice I do not plan to renew my lease. Is there something I can do or I am stuck paying for an extra month worth of rent?

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Unfortunately, the lease contract controls here and if you weren't able to give a full 60 days notice, the landlord can hold you liable for the prorated rent for the remaining days under 60.

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The only exception is if the landlord actually rented the property prior to that 60 days expiring. If he did so, the he can't "double dip" and hold you liable for the rent as well as the new tenant.

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So if he rents it on 11/1, then he can only hold you liable for 7 days rent..

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With that said, make sure the place is spotless when you leave and take lots of pictures of it to document its condition so hopefully he will be able to rent it quickly to a new tenant..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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