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I was given 60 day eviction notice by my landlord. I am leavening…

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I was given 60 day...
I was given 60 day eviction notice by my landlord. I am leavening prior to the 60 days and the landlord says I have to giver her a 30 day notice. Is that right? She says if I leave before the date it says I have to be gone I have to pay rent until that date. help
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/27/2010
Lawyer: JB Umphrey, Attorney replied 8 years ago
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
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1. When is your written lease scheduled to end?

2. Why did your landlord give you a 60 day notice to leave? What was the problem?

3. What does your written lease say about how much notice is to be given?
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Customer reply replied 8 years ago

Lease had ended.

Landlord asked me to leave because I was running behind on rent the last 4 months because I lost my job. I paid in full and paid the late fee too,

It says I need to give a 30 day notice.

The eviction notice just stated it gave me 60 days, by July 23,n 2010 to vacate the premises.

I was told I didn[t have to give them 30 day notice but i DID.

 

Lawyer: JB Umphrey, Attorney replied 8 years ago
Thank you. So just for clarification, your lease had already ended/expired/lapsed?
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Customer reply replied 8 years ago
YES.
Lawyer: JB Umphrey, Attorney replied 8 years ago
Okay and, my guess is that the answer is "no" but I want to be sure: did your written lease include an "automatic renewal" clause?
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Customer reply replied 8 years ago
NO.
Lawyer: JB Umphrey, Attorney replied 8 years ago
Okay. Well, from the collective facts you've described, it sounds like your landlord is trying to take advantage of you (i.e., is trying to have you believe that you will owe more money than what you actually do).

You should feel confident in taking that lease to the landlord and demand him/her to show you where it says that you are responsible for 60 days rent (and not the 30 you are prepared to pay). If the landlord can't prove it, then the landlord would not have a leg to stand on in court if s/he tried to sue you for breach of contract.

Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!
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Customer reply replied 8 years ago
But still don't understand why I even have to give a 30 day notice to someone who has given me an eviction notice? I appreciated the almost 60 day notice but it still says I need vacate. Am I obligated to pay till July 23 red?
Lawyer: JB Umphrey, Attorney replied 8 years ago
As a general matter, when a written lease expires but the tenant is still there, the tenant becomes a "holdover" tenant and the tenancy becomes month-to-month.

In that sense, yes, 30 days notice is required.

Remember, that 30 days notice cuts both ways: if you are going to leave, you have to give 30 days notice; if they want you out, they have to give you at least 30 days.
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Lawyer: JB Umphrey, Attorney replied 8 years ago
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