[rodrigodalloglio]

I have rented an apartment and the expiration date of it is on Feb.28th, 2007 and on Jan.23rd, 2007, I received a letter from the lessor saying that my rental is going to increase then on Jan.27th, 2007 I sent my Notice of Vacate, my contract is 6 months basis, Now I am in a hard situation based on the transcript paragraph below, I understand that I am not necessary to stay one month more to get the 60 days. But my lessor is saying that I DO need to stay for 60 days from the date of my notice of vacate(jan.27th, 2007). Can you please tell me what should I do in this situation. I really appreciate your help in this issue. Thanks,

"2. LEASE TERM, RENT AND CONCESS
A. Term of agreement:
The term of this agreement shall begin and end on the dates set forth in the paragraph 1. The term of this agreement will be automatically renewed on a month-to-month basis unless either:
(1) Either party provides the other party with a written notice of termination at least 60 days prior to the end of the initial rental term or at least 30 days prior to the end of any month-to-month term, OR
(2) Lessor provides resident with a written notice at least 30 days prior to the end of the initial term that any renewal shall be at a different stated monthly rent (new monthly rent), and resident, within 10 days after receipt of such notice, provides lessor with a written notice of intend to vacate the premises at the end of the term. However, should resident fail to provide lessor with such notice, the term of this agreement will be automatically renewed on a month-to-month basis at the new monthly rent."

[Fr_Chuck]

Ok, they notified you that there would be increase in rent, so by section 2, as long as you responded back within 10 days of your intent to vacate, you can vacate, since there is a OR between section one and two.

[RubyPitbull]

The term of this agreement will be automatically renewed on a month-to-month basis unless either:

(2) Lessor provides resident with a written notice at least 30 days prior to the end of the initial term that any renewal shall be at a different stated monthly rent (new monthly rent), and resident, within 10 days after receipt of such notice, provides lessor with a written notice of intend to vacate the premises at the end of the term. However, should resident fail to provide lessor with such notice, the term of this agreement will be automatically renewed on a month-to-month basis at the new monthly rent."

This is your out clause. You stated in your posting that you gave him written notice on January 27. That was well within the 10 days time frame stated within the lease, since you received it on Jan 23rd. Did you send your letter to vacate by certified mail? If not, make another copy of your letter with your January 27 date. Include another short letter dated today recapping your recent discussion with him and point out that you are in compliance with your lease and you will be vacating as per your contract. Attach a copy of this clause that you have posted here. Then, send all 3 pages (keeping a duplicate copy for yourself) via certified mail. Attach the receipts to your paperwork and keep it all in a file. By law, you are not obligated to stay an extra 30 days and you can safely move out at the end of the lease term.

Hope this helps.