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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117369
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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By a lease on a 2 bedroom apartment. We moved into a 3 br

Customer Question

I'm Bound by a lease on a 2 bedroom apartment. We moved into a 3 br owned by the same company. The 2br now has new tenants Bound by a new lease. We never signed a new lease for the 3 br.
We now have a family emergency that is forcing us to move out of town for health care.
The landlord insists that we are still liable throughout the term of the lease.
Is this true?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unless your lease has a clause saying that if they move you to another unit the lease remains in effect, the landlord should have made you sign a new lease, since your old lease is for the 2BR unit and not for the current unit you are in. Once he substituted a new party in the 2BR lease, absent a clause in the lease to the contrary, your old lease is no longer valid and as such you are correct you should be considered a month to month tenant and as such liable to give only 30 day notice to move out.

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