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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7405
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I signed a lease in March of 2012 year house!! never

Customer Question

I signed a lease in March of 2012 for 1 year for a house!! never resigned another it just stated it would roll over in 2013! Now I need to move back to Michigan asap. I gave her 30 days notice and she wants to charge me for 4 more months! Is this legal?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

You will need to carefully read the lease agreement you signed, because the answer to your question rests on the language there. Does your lease say specifically that it rolls over for another year, or that it just rolls over? What does it say about giving notice of non-renewal prior to the end of a lease year? Automatic renewal for another full term must be specifically set out in the lease with specific provision for notice of the tenant's election of non-renewal. Otherwise, courts may not enforce such provision in a residential lease. If it is not specific about the term, then the roll over period would be month to month with 30 days notice of cancellation.