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dakotah925 · Mar 17, 2011, 02:06 PM

I live in De. I rent an apt. My lease was up in Jan. Recently I have been offered a job which will require me to move. My landlady said I'm required to give her sixty days notice according to the lease. Can she still enforce the lease even though it is expired? My understanding is it is month to month.

JudyKayTee · Mar 17, 2011, 02:14 PM

From what I read it DOES turn into month to month when a lease is not renewed.

Have you given her appropriate notice? It's not 30 calendar days; it's the same time frame within which you pay rent. For example, if you plan to leave June 1st you must give notice BEFORE May 1st.

(I have to give you applause - NO ONE ever thinks to tell "us" which State and so we have to sort of wander around, asking questions. You are - happily - the exception to the rule.)

joypulv · Mar 17, 2011, 02:20 PM

Some leases, even boilerplate ones, have an automatic renewal clause.
It's possible that state law trumps that, however, and you can look on the md.gov site.
If it isn't there then you need to give 30 days notice.

JudyKayTee · Mar 17, 2011, 02:21 PM

The lease does NOT automatically renew by Delaware law. It becomes month to month.

ballengerb1 · Mar 17, 2011, 02:23 PM

I agree with the above. Check your lease, I will bet the lease doesn't even say 60days notice. Some states allow for a 60 days notice after muilt-years leases but I'll bet she's pulling a bluff. 30 days is all you need.

Fr_Chuck · Mar 17, 2011, 02:27 PM

While it becomes month to month as for as time one is committed to stay there. But many other factors, carry over to the month to month status, merely being month to month, does not mean that a 60 day notice can not be required.

What normally happens, is it does turn in to a month to month status, with the terms of the old lease as the basis for the month to month. The amount of the rent is the same unless notice is given, the place and who you pay are the same, if there is restrictions as to pets, those are still in place, And the requirement to give a specific notice, is still in place. The only thing that really expires is the time frame you are required to rent.

They should be able to enforce the 60 day notice. This is a common misunderstanding when a lease expires,

ballengerb1 · Mar 17, 2011, 02:37 PM

Uh oh, I may have to eat my words, from the state code "tenant or landlord must give a 60 day notice to terminate" even with a month to month.

joypulv · Mar 17, 2011, 02:50 PM

I was writing as JudyKayTee was answering, then others, and should have looked at the code first!

ballengerb1 · Mar 17, 2011, 03:03 PM

Page 6 http://attorneygeneral.delaware.gov/...ndlordcode.pdf I just don't see this requirement in other states. Sorry dakotah, think she's got you with the 60 days notice