Check out some similar questions!

djavalkar · Oct 27, 2010, 07:02 PM

I am in a lease agreement which states that I am liable to pay rent till the lease end date or till the apartment is leased out again , however I am planning to terminate the lease with a 60 day notice. The landlord has sent a notice that I can extend the date of exit ONLY once, after which I will be liable to pay double rent. I am not wanting to loose money by not staying in the apartment and also paying the rent.I am trying to reduce the cost that I will incur. Is it legally correct for the landlord to allow ONLY one extension? What should I do ? I am ready to wait till the landlord gets a new tenant - since I am not in a hurry to move out.

ballengerb1 · Oct 27, 2010, 07:12 PM

I am having trouble understanding your situation. You say you can only extend once but if you are leaving early it is not called an extension. Once at lease reaches ts expiration date the LL can set any amount he wishes for a new lease or month to month unless the old lease says different. Please further explain your situation

ScottGem · Oct 27, 2010, 07:13 PM

First, any question on law needs to include your general locale as laws vary by area.

If I understand you, you are giving 60 days notice that you are vacating PRIOR to the expiration of the lease. In other words breaking the lease. Then you reneged on your moving out and the landlord allowed you an extension but only one.

I can't be sure without knowing your area, but I would suspect the landlord is within his rights. Once you vacate you can not go back on it. The landlord needs to know when the unit will be vacant for a new tenant.

Fr_Chuck · Oct 27, 2010, 07:37 PM

First of course the landlord does not even have to accept your notice to move, since you have a valid lease and he can merely say no you are bound by the lease, and your move with or without any notice is merely that breaking the lease.

And until you actually move out, and default on your lease they are not even bound to try and find someone. Plus in some states like Florida, they have no requirement to even look for someone.

So there have no requirement to even give extra time to your notice.

djavalkar · Oct 27, 2010, 07:38 PM

Thanks for the reply - I am staying in New Jersey State in New Providence city. Another question is can I give a notice stating that I will exit ONCE I get a notice form the landlord that he has rented his apartment.

djavalkar · Oct 27, 2010, 07:46 PM

Thanks for the reply. I am leaving early by terminating the lease well before the lease end date ( I am willing to pay the necesasry lease breakage charges).I have given a notice of 45 days,can I give a new date again if the landlord did not rent it.

Fr_Chuck · Oct 27, 2010, 07:49 PM

I am not sure why you are even actually giving a "notice" since it is still breaking the lease, and the notice is normally for not renewal of the lease, and/or moving after the lease is over and you are on month to month.

Without reading your actual lease, what benefit are you getting by even giving a notice. Have you merely asked them to try and rent it out, and you would move within ( perhaps 5 or 10 days of them renting it)

ScottGem · Oct 27, 2010, 08:42 PM

First, please don't use the comments for follow-up. Use the Answer options instead.

As Chuck said you aren't really giving notice. And unless the lease includes an early termination clause, you are at the mercy of the landlord in allowing you out of the lease. You are also at the mercy of the landlord in staying. He can allow you to stay and then tell you he rented the place, the new tenant is moving in in one week, be out by then. Of course, that would be foolish on the landlord's part since, if you don't move he has to evict you and that could mean the apt is not ready for the new tenant. But, to answer your question, its up to the landlord whether he allows you to stay.