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What are the consequences to the tenant if a 60 day notice…

What are the consequences to...
What are the consequences to the tenant if a 60 day notice is not given at the end of a lease contract?
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Answered in 3 minutes by:
3/8/2018
Nisha Jones
Category: Legal
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your situation. Landlord tenant laws vary by state, what state are you located in?

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Customer reply replied 1 month ago
South Carolina

Thanks! Was the 60 day notice of renewal requirement written into your lease?

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Customer reply replied 1 month ago
There is a statement, but it is hard to tell if it applies to the end of the contract.

Did your landlord send you a reminder about a week or two prior to the 60 day renewal deadline?

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Okay. At that time did you notify your landlord that you would not be renewing the lease?

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Customer reply replied 1 month ago
i did today, but only over the phone.
Customer reply replied 1 month ago
I didn’t give notice because I was unsure of my closing date on a house I am buying, and I didn’t want them to enter the premises to show it to potential renters without me being here.

Okay, thanks for clarifying. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 1 month ago
They want a notification in writing, and said that I would still be responsible for the next 2 months.
Customer reply replied 1 month ago
I just need to know if I will have to pay more than the security deposit.
Customer reply replied 1 month ago
Here is the renewal clause:
9. RENEWAL TERMS: With sixty (60) days written notice, as defined in Paragraph 18, either party may terminate thisagreement at the end of any of the contractual period as defined in Item 3, but if the required sixty (60) notice is not given, then the agreement will auto-renew for another 12-month period. The tenant will also be subject to a monthly rent increase of 5% for each of the twelve (12) month auto-renewal periods as defined in ITEM 3. This increase is required to cover yearly increases in property taxes, property insurance, etc. A month to month option is NOT permitted underany terms of this residential rental agreement.
Customer reply replied 1 month ago
Hello, Nissan. Are you there?
Customer reply replied 1 month ago
Nisha. Darn autocorrect!

Unfortunately yes, you will be liable to pay the 2 months' rent since you breached the notice requirement under your lease contract.

The security deposit is usually equal to 1 month's rent, if that is the case with your deposit, then you can potentially just pay 1 month's rent out of pocket to cover the penalty fee.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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That's okay. I sent your answer above.

I can re-send it if you didn't receive it.

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Unfortunately yes, you will be liable to pay the 2 months' rent since you breached the notice requirement under your lease contract.

The security deposit is usually equal to 1 month's rent, if that is the case with your deposit, then you can potentially just pay 1 month's rent out of pocket to cover the penalty fee.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 1 month ago
What are the consequences if I don’t pay? I have a mortgage to pay now.

If you don't pay, then unfortunately the landlord can pursue a claim against you in small claims court, and can also potentially report the debt to a debt collection agency which could affect your credit report.

I hope that helps!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 1 month ago
That helps. Thank you. One final question. Since I have to pay the next 2 months, can I wait until I move out (24 of March) to give a written notice without impacting the amount?
Customer reply replied 1 month ago
Well maybe not the las question. Can they increase the rent for the 2 months following the contract?
Customer reply replied 1 month ago
Can they refuse to do a final walkthrough and accept the keys before the 2 months are up?

Since this is not an auto renewal, no the rent increase should not be applicable.

To avoid this being considered an auto renewal you should give notice of your intent not to renew as soon as possible, if you haven't done so already.

No they should still be willing to do a final walk through on the date of your scheduled move out under the terms of your current lease.

Don't forget to rate, 5 stars are always appreciated, thanks!

Nisha Jones
Category: Legal
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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Customer reply replied 1 month ago
Thank you.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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