Am I still required to give 60 days notice to vacate?
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Am I still required to give 60 days notice to vacate?
My lease ended 2 months ago. I was never contacted about renewing my lease or going month-to-month. I did keep paying rent on time. I would now like to move in the next month but when I mentioned this to management they said I’m required to give a 60 day notice to vacate. It does say this in my expires lease but am I really required to give 60 days if my lease is up? Can they write month-to-month leases without contacting me?
Asked on February 14, 2019 under Real Estate Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
When your lease expired, you continued paying rent, and the landlord accepted your rent payments, which initiated a month to month tenancy. Therefore, the requisite notice requirements for ending that month to month tenancy, are applicable.
Depending on the language in your expired lease, you may be able to argue that only a thirty day notice is required to end a month to month tenancy.
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