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    chink's Avatar
    chink Posts: 2, Reputation: 1
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    #1

    Apr 27, 2008, 04:34 AM
    Is it common to have a 2 month notice to vacate on a month to month lease?
    Can my landlord require me to give a 2 months notice to vacate even though my lease is month to month? It was in the lease which was originally a 1 year lease which after the year, change to month to month. I can see giving 60 days with the year lease, but not on a month to month.
    wnk_1001's Avatar
    wnk_1001 Posts: 46, Reputation: 4
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    #2

    Apr 27, 2008, 05:25 AM
    After becoming a month to month tenant, the only thing that changes on the lease is your obligation to stay there for one year. All other aspects of the lease remain in full force and effect. You signed the lease stating that you would give a 60 day notice upon your vacating the premises, therefore that is what you must do.

    For example, the lease also probably says you cannot store hazardous waste in or about your premises. Just because you are now a month to month tenant, it does not mean that you can all of the sudden start storing hazardous waste.

    So, it sounds like your landlord is right in that you must provide the 60 day, usually written notice.

    Hope this information has helped.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 27, 2008, 06:08 AM
    No, actually this is exactly what the 60 day notice is for, since you can not give a notice during the lease, because you are obligated to the lease for the full term, but could give a notice 60 days prior to the end of the lease that you are going to move.

    This is very common in leases that go to month to month rental, all of the terms of the lease except for the times are valid as part of your month to month rental.

    Sorry but yes, the terms of the lease are valid to the notice.
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