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haniawit
Nov 15, 2009, 10:36 AM
On 28.06.2008 I signed accommodation contract with 2 months termination. Contract was for one year till 30.06.2009. I moved on 28.07.2009 I never sign new contract. Ladlord is trying to take me to court for two months rent August and September 2009 after I left flat and after my contract finish.
Do I still have to pay him ?

bigblue1800
Nov 15, 2009, 11:11 AM
I'm a landlord in MD. Check your lease under the renewal clause. If it reads that the lease stays in effect on a month to month tenancy after expiration of initial term then you would have been required to give a 2 month notice of your intent to move. If you didn't give it, then the court will probably find in favorer of the landlord. If this is the case you might consider working something out with the landlord before you go to court because a court judgment against you will go against your credit rating for 7 years, even if you settle after the judgment.

Good luck.

cdad
Nov 18, 2009, 06:41 PM
Do you know the consideration of the contract ? In America we have 2 basic types.. Month to Month and Lease ( specific time usually 1 year ). If yours was month to month with a termination of 2 months ( notice you should have given and didn't ) then the landlord is correct in coming after you. If you had a yearly lease and in the terms was a early buy out of 2 months and the lease ended then they have no grounds to pursue you. So your best bet is to see a solicitor in your area that works in real estate law and ask them. It may well be worth spending an hours worth of time to help you sort it out.

Fr_Chuck
Nov 18, 2009, 08:28 PM
I know in all of my leases, they will automatically renew unless the renter gives me notice as required in the lease

haniawit
Nov 19, 2009, 01:43 PM
Thank you for your answer

I check my accommodation agreement and there is nothing about renewal clause.
In clause 2 is : The agreement shall commence on:01.07.2008 and shall remain in force until one year from the commencement date, namely : 30.06.2009 subject always to the provision for earlier termination set out in Clause 9
And in 9 "... if the required notice is not given by either landlord or the tenant at the end of the Term, the Agreement will continue until such time that two months notice served...

I don't know what it mean

Thanks for your help



I'm a landlord in MD. Check your lease under the renewal clause. If it reads that the lease stays in effect on a month to month tenancy after expiration of initial term then you would have been required to give a 2 month notice of your intent to move. If you didn't give it, then the court will probably find in favorer of the landlord. If this is the case you might consider working something out with the landlord before you go to court because a court judgment against you will go against your credit rating for 7 years, even if you settle after the judgment.

Good luck.

haniawit
Nov 19, 2009, 01:43 PM
Thank you for your answer

I check my accommodation agreement and there is nothing about renewal clause.
In clause 2 is : The agreement shall commence on:01.07.2008 and shall remain in force until one year from the commencement date, namely : 30.06.2009 subject always to the provision for earlier termination set out in Clause 9
And in 9 "... if the required notice is not given by either landlord or the tenant at the end of the Term, the Agreement will continue until such time that two months notice served...

I don't know what it mean

Thanks for your help



Do you know the consideration of the contract ? In America we have 2 basic types .. Month to Month and Lease ( specific time usually 1 year ). If yours was month to month with a termination of 2 months ( notice you should have given and didnt ) then the landlord is correct in coming after you. If you had a yearly lease and in the terms was a early buy out of 2 months and the lease ended then they have no grounds to persue you. So your best bet is to see a solicitor in your area that works in real estate law and ask them. It may well be worth spending an hours worth of time to help you sort it out.