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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7310
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My rental lease contract requires that I give a 60 day

Customer Question

My rental lease contract requires that I give a 60 day notice before I move out. I gave a written notice immediately following a verbal notification that my rent will be increasing at the renewal of my lease. My notice was in direct response to the increase in rent and was only a 30 day notice. The contract also requires my landlord to give my at least a 5 day notice prior to my 60day notice if the contract will be changing. He obviously did not give me that time. I moved out exactly at the last day of my lease. Am I responsible for another months rent for the short notice?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 10 months ago.

No, it appears that you would not be responsible for an additional months rent. Your duty to give 60 days notice at the end of the lease would be eliminated by the landlord failure to give you the five day notice prior to the 60 days before the contract ended. Therefore, neither requirement of the 60 day notice from you, or the five day notice from the landlord was followed, and the lease simply ran out at the end of the stated term.

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