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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I submitted my 30 day notice to move out of my Apartment on

Customer Question

I submitted my 30 day notice to move out of my Apartment on Aug 10th. The landlord says notice must be given at beginning of month so I am locked in until the end of August. That is in the lease, however the lease was for three months and month to month after that. Is there any recourse? I already have a place to live and have paid a deposit.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. I am genuinely sorry to hear that, and the answer that I will provide will likely not be favorable, so I ask that you do not blame the messenger. To answer directly, the only way to avoid payment here is if the landlord agrees to waive the terms. In a situation where you started with a contract but went 'month to month' all terms except the length of time remain in your new month to month obligation, and as such he can compel you to be bound by such language. As stated, the landlord himself can choose to release, but he cannot be compelled to do so since he is right as far as demanding that you give one whole period's worth of advance notice before you leave the property. I am sorry! Sincerely, ***** *****
Customer: replied 2 years ago.
Thank you, ***** ***** afraid that was case.
Expert:  Dimitry K., Esq. replied 2 years ago.
You are most welcome, and again, I am sorry about that, but here the laws are fairly clear. Sincerely, ***** *****