I have rented the condo I am in now for over two years. After the initial lease term of one year, I went on a month-to-month basis. I am required to give 60 days notice prior to vacating the property.

My landlord notified me at the end of this month (february) that the rent would be increasing as of April 1st. By law he only has to give me 30 days notice. Due to this, even if i told him I was leaving as soon as I received the notice, I would still not be able to give a full 60 days without having to pay the new amount of rent, which is tooo high.

I'm going to ask to leave with just 30 days notice due to this, but can he force me to stay another month and pay the added cost??? It doesn't seem fair that I have to give 60 days notice and they only have to give 30 days notice.

excon

Hello almost:

I think you're right. But, I can't promise you anything. The particular notices you point out are business as usual in the landlord/tenant arena.

In my view, month to month means exactly what it says. It doesn't mean every two months. Bimonthly means every two months. Secondarily, it would seem the landlord and the tenant must be on the same page in terms of notice, etc.

Ok, so we agree. What are you going to DO with OUR opinion? Are you willing to sue or be sued for the difference? Because, that's what has to happen before our opinions can be heard. I certainly think a judge would agree with us. But, they might not. The worst you would lose would be a months rent at the higher rate, some minor court costs, and some of your time. If it were me, I'd do it. Of course, it's easy for me to say, isn't it?

Give him your aforementioned proper 30 days written notice. Send it certified, return receipt requested. Tell him how YOU interpret month to month, and tell him if he doesn't agree to sue you. Leave the place nice when you go, and if you don't get your security deposit back in the time allowed, then you sue him.

excon

PS> We’ve got some very experienced landlords here and maybe some of them have already had this question adjudicated.

landlord advocate

The 60 day notice was probably attached to the one year lease. Are you sure that the month to month specifically lists 60 days? It is normal with a month to month lease for the tenant/landlord to give a 30 day notice, which includes a rental period. I would move forward with giving your 30 day notice as soon as possible. Leave the apartment in the best condition possible. Leave a forwarding address.

ScottGem

Generally, when a lease expires without a new lease being signed, it changes to a month to month basis. However, on the month to month basis, the provisions of the old lease are still in force except for the term. If the written lease specified 60 days notice, then that's what you have to give.

What does the lease say about when rental can be raised? If you have to adhere to the terms so does the landlord.

From a practical standpoint. I doubt if a housing court is going allow the landlord to collect the higher rental if you have given notice. So tell the landlord you can't afford the new rent so you are giving notice and will be out by 5/1. On 4/1 pay the old rent. Let him sue you for the balance.