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All Business
All Business, Attorney
Category: Business Law
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Experience:  27 years of business experience with accounting and law degrees
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How much notice does a business have to give the landlord

Resolved Question:

How much notice does a business have to give the landlord? We have rented for 30 years without a lease agreement. We currently pay month to month. A growth in business is forcing us to relocate.
Submitted: 8 years ago.
Category: Business Law
Expert:  All Business replied 8 years ago.

Thank you for the question.

Under normal circumstances, if you are operating under a month to month lease arrangement, you would need to give 30 days notice. Keep in mind the notice must be given PRIOR TO to the start of a month for termination at the end of the following month. That is, if you want to leave September 30, you would need to give notice no later than August 31 for termination September 30. The reason for this is because the notice needs to be given BEFORE the start of the next "lease term". Being that the lease term is deemed to be a month period of time, the notice is required before any given term (i.e. one month) commences.

Now, I said that this is the normal situation and likely applies to your circumstances. If, however, at some point you were operating under a written lease and that lease has a provision that states after its term the lease continues on a month-to-month basis until terminated by one of the parties and that lease has a clause requiring a different period of time than we are discussinthat clause would control. There are instances where a lease states that after the term, the lease continues until one party or the other terminates with 60 days notice (or some other period of time). If that is the case, that longer peirod would be applicable. As stated, I doubt that is the case but suggest you quickly peruse any lease you may have to be sure.

Best of luck to you.

Thank you.

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