What can I do if I gave notice to vacate however my lease is not up and I need to stay a bit longer but the space has already been re-rented?
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What can I do if I gave notice to vacate however my lease is not up and I need to stay a bit longer but the space has already been re-rented?
I signed a lease for commercial property that states I can give 6 months
notice and vacate even prior to lease ending. I did so and now my new space is not going to be ready in time. My lease actually still has a year on it. The landlord has now rented the property for Mar 1 and I need 30 days more. Can I tell them I am staying 30 more days or do I have to leave because I have notice?
Asked on November 8, 2016 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unfortunately, once you give your landlord notice that you are leaving by a certain date, whether that is because your lease has expired or because you are exercising an option under the lease to terminate early, you are held to that date--you cannot remain past it (unless the landlord voluntarily agrees to give you more time) and, if you try to, the landlord may have you evicted.
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