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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16721
Experience:  Attorney experienced in Landlord-Tenant Law.
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My landlord on June 26th gave us notice that she was raising

Customer Question

My landlord on June 26th gave us notice that she was raising the rent of our home by $1000/month. The lease ended Aug 1st and was a year long agreement. She said we could agree to pay the new rent or move out (all in email) and if we want to extend our stay beyond Aug 1st we could do that with no penalty as long as we all agree on the date.
We decided to move and did move out July 31st. She is saying we did not give her enough notice, that we must give her 60 days and need to pay her for all of Aug, too. I have never heard of paying a landlord beyond the term of the lease, especially since it was super clear that she said pay the new rent or get out. This is what our lease reads:
Prior to the end of the expiration of the lease term Lessee agrees to give Lessor 60 days written notice to vacate the Premises. During the last 60 days of tenancy the Lessee agrees to allow Lessor to photograph and show the Premises with minimum 24 hour verbal notice. Lessor will make all reasonable efforts to accommodate Lessee’s schedule when showing premises and give additional notice whenever possible.
Hold Over/Month to Month tenancy:
Should Lessee occupy the Premises after the date of expiration of this lease (with the consent of Lessor expressed or implied), without resolution to the extension of this lease, such possession shall be construed to be a month to month tenancy only,
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Unfortunately, generally, if the lease requires 60 day notice from the tenant / lessee prior to expiration of the lease, if the tenant intends to move out at the expiration of the lease, then if the tenant fails to provide such 60 day written notice, the tenant would be liable for additional 60 days rent, from the time the tenant moves out, however the rent would be calculated at the original rent amount and not at any increased amount that the landlord wanted to the second year.
I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.
I wish you the best of luck and God bless you!
Expert:  Alex J. Esq. replied 2 years ago.
Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.