[janelncal]

We received notice referencing the clause below. We confirmed receipt, gave notice that we would be out in 30 days and requested move out procedures. Landlord says we have to pay rent for the full 120 days and cannot vacate before then. Are we within our rights to move out as soon as they give us notice? Thanks is advance!

Landlords resides outside of the Washington Metro area. It is agreed that if the landlord is transferred back to the Washington metro area by the landlords employer or is discharged from active duty with the Armed Forces of the United States or with the National Guard, the Landlord shall have the right to terminate this Lease by giving the tenant at lest 120 days notice in writing whereupon the tenant shall vacate and surrender possession of the premises to the landlord within the termination time.

[ScottGem]

Yes, if the landlord gave you 120 days notice you are responsible for those days. The choice to vacate earlier is yours. The landlord is entitled to the rent for the 120 days.

[janelncal]

Thanks for the response- my feeling is the wording of the clause "120 days notice in writing whereupon the tenant shall vacate and surrender possession of the premises to the landlord within the termination time."

So, as long as it is WITHIN the termination period, I should be able to move, I just can't stay beyond? It may be wishful thinking, but I appreciate the advice!

[ScottGem]

Interesting interpretation. But I don't think a court will agree that means you only have to pay until you vacate,