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    jpluttme's Avatar
    jpluttme Posts: 1, Reputation: 1
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    #1

    May 23, 2008, 10:51 AM
    Renewal notice says 60 days, agreement says 30
    I am on a yearly lease agreement. My lease is up in 2 months. It was written up on an official North Carolina Residential Rental Contract. I have lived in this unit for 4 years, and have always been on a year-to-year with a 30 day notice to vacate, per my original lease agreement.

    The lease states that the Tenant (me) may terminate the tenancy by giving written notice to the other (in this case the property management company who wrote the lease) at least 30 days prior to the expiration of the lease.

    Last month, I received a letter from the management co. advising me of my approaching lease expiration, and giving me the option of renewing for another year.

    At the top, the management asks that the form be returned by May 30th, which is 2 months prior to my lease expiration. It also states that "All other covenants of the Lease shall remain in effect, and no covenant shall be deemed waived by any action or non-action in the past. At the end of the current lease term, all tenants not on a month-to-month lease are required to submit a 60-day written notice to vacate."

    As my original lease agreement states 30 days notice, can I object to the lease renewal agreement that has been sent to me that states 60 days on the grounds of my original lease stating 30. Am I in the right to request that my original lease agreement terms be honored in regard to the notice period, and request that a new lease renewal form be prepared stating the 30 day term?

    Thank you for any help.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 23, 2008, 01:11 PM
    Your curent lease has to be valid under the terms it was written, but on a renewal, they may make any changes they wish, and you have the right to refuse. Also of course you can always negotiate anything in a contract.

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