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David L
David L, Lawyer
Category: Real Estate Law
Satisfied Customers: 3255
Experience:  Attorney licensed in multiple jurisdictions.
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I was working with another Attorney regarding my question

Customer Question

I was working with another Attorney regarding my question but he is unavailable at the moment. I can give a quick overview. I am nearing the end of my current lease on 9/30. My landlord sent me an email on 8/21 letting me know that he will be going up
on the rent by $100 and that if I do not accept then to take the email as my formal 60 day notice. He gave me a 60 day notice with only 40 day left until the end of the term. Our lease says that either party can terminate the lease with a 60 day notice prior
to the end of the term. If neither party gives notice, then the lease extends month to month and thereafter either party can terminate with a 60 days notice. My issue comes with the landlord not letting me know within the established timeframe. He admitted
in a seperate email that he missed the 60 days notice window but insisted on 8/21 serving as a 60 days notice still. I replied in an email with lease terms reminding him that he missed the window therefore the lease extends month to month and starting Oct
1, he or I will put in a formal notice, leaving my moveout date to be on Nov 30th. He responded and said he is trying to be fair to both parties (tenant and owner) and that he will change the 60 day notice to Sept 1(monday) and that the owner now wishes to
sell. I have not responded because he seems to not understand my point of view or maybe I do not understand his. It is to my understanding that since neither I or him gave notice within the allowed 60 days PRIOR to 9/30 that I will go into month to month THEREAFTER
he can serve a notice, which is fine. Also in the lease it states that the landlord can terminate at anytime by giving a 60 day notice and refunding security deposit and give the tenant $1700 for disrupting his/her stay. If he insists on giving me a 60 day
notice at any time of than the correct 60 day window (aug 1), could he be liable to honor this section of the lease? He seems to not want me to start the month to month and vacate on Nov 30th as I mentioned to him before, he would rather terminate on Oct 30th
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  David L replied 2 years ago.

Hi and thanks for asking your question. My name is ***** ***** I will be assisting you. I understand your reading of the lease and your interpretation. However, I think the point of the notice is to give either party a reasonable amount of time to make decisions based on the notice. Obviously, your landlord gave you less than 60 days' notice by giving it on 8/21. However, I don't think he would now be required to wait until the end of the lease term to start the 60 day notice period. Thus, if he is extending the notice to start on 9/1, I think a 10/31 move out date is probably what a court would consider reasonable and in compliance with the lease terms.

Ultimately, the dispute seems to be over 30 days. It seems that the parties could work out a reasonable solution to satisfy both him and you. If this went to court, it wouldn't be financially worth it for either of you to spend time and money litigating over 30 days.

Lastly, the $1,700 penalty is designed to give the landlord a disincentive to terminate the lease early and to compensate the tenant in the event he chooses to do so. In your case, since you are receiving the benefit of the entire lease term, I don't think that clause would apply under this scenario.

Customer: replied 2 years ago.
What he is doing is not in compliance with the lease. It states if neither party gives a 60 day notice prior to the end of the term, which he missed, it is extended to month to month and he can serve notice at that time. Also he is acting suspicious and changing reasons as if he's hiding something and as a GREAT tenant of 2 years I don't think his actions followed by late notice are reasonable
Expert:  David L replied 2 years ago.

My approach at this point would be as follows. Tell your landlord you are planning to stay until 11/30 and you will be paying the same rent. Tell him that is proper 60 day notice. He will have no other choice but to let you stay or file for an eviction. It is very unlikely he would file an eviction action with only one month in dispute. Even if he did, a judge would never grant an eviction in this scenario.

Customer: replied 2 years ago.
Thank you. I've expressed to him that i plan on opting into month to month with an increase of 10% which is $935 and that I will put in a notice on Oct 1. This will allow for us to both follow the lease and give me more than enough time to find a new place. He responded with extending my stay from 10/20 (from his original 60 day notice) to 10/30 (modified 60 day) and I think it is an insult
Expert:  David L replied 2 years ago.

Send him something in writing that you are staying until 11/30. Realistically, there is nothing he can do but let you stay.