[eustation]

Hello all,
I am in a bit of a situation I am unclear about and was hoping for some clarification. I had a 6 month termed lease in CA that expires on Feb 29, 2008. I talked to someone in the leasing office two weeks ago and told her I would not be interested in renewing. No problem she said. I then called today (2/25) to see when I could come in and drop off my keys and the lady told me that because I did not give them a 30 day notice I would be responsible for the next 30 days at a month to month rate. Needless to say I was not pleased. I went back and found my leae and here is what it says:


"Term Lease : The initial term of this Agreement shall commence on Septmeber 1 2007 and continue therafter until February 29, 2008 at a rate od $1120.

In the event Resident holds over the possession of said premises with Landlords consent after the initial term of this Agreement, resident shall become a resident under a month-to-month residentcy under the terms of this Agreement at a monthly rate of $1520. Such residency shall continue as a month to month lease until either Landlord or Resident terminates the residency by giving the other a 30 day written notice of his intention to terminate the residency. Resident agrees to pay all rent up to and including the end of the 30 day notice period or until the apartment is re-rented."

My reading of this is that since I am turning over possession of the property before the lease ends, I am not considered a month to month resident and not bound by the 30 day written notification.

Am I correct? Any help is greatly appreciated!

[RickJ]

In short, because you did not give the notice in writing, you are basically and currently on a month to month. You can give your 30 day notice today and you'll be responsible for 24 days of March rent.

[Fr_Chuck]

Yep, unless you gave a 30 day notice, the understanding is that you continue on a month to month, so what did you tell them when you talked to them, you said you would not renew the lease, but did you say you were moving out ? ** there is a difference

[eustation]

I told them when they called that I would be moving out and she never said anything. It doesn't really seem right to me since I am not holding over possession past the termed lease agreement, thus not a month to month tenant yet.
I would be really bummed if I am wrong

[froggy7]

I told them when they called that I would be moving out and she never said anything. It doesn't really seem right to me since I am not holding over possession past the termed lease agreement, thus not a month to month tenant yet.
I would be really bummed if I am wrong

This is going to be an expensive lesson in life for you. The important part of that renewal clause is "in writing". You may call and tell them you are moving out, you may stop by every day at the office and tell them, but until you put it in black and white on paper, it doesn't count. (Which means that if you switched your mind after all of that, they couldn't rent the apartment out from under you either, legally.) So you are going to be a month-to-month tenant for at least one month. Now, if you don't already have another spot lined up, I'd just delay the move a month. Otherwise, you can try talking the landlord into letting you spend less money to get out of the lease, and see what they say about that.

[eustation]

Thanks, unfortunately I have already moved into a new place. I am going to go in tomorrow and try and reason with the property manager. Hopefully they can knock the amount I owe since the apartment is completely empty and they can move someone in immediately. I guess I read the wording of the lease wrong, I just assumed that since I was handing back possession before the termed lease ended I would not be considred month to month and could just walk away... Like you said, VERy expensive life lesson.