IfI received a renewal list after the 60-day time period, shouldI be held liable for another month’s rent ifI decide to vacate my apartment?

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IfI received a renewal list after the 60-day time period, shouldI be held liable for another month’s rent ifI decide to vacate my apartment?

I received my renewal form after the 60-day mark of my lease expiration date. I advised the leasing office within 30 days that i wanted to vacate the property and they are stating that I didn’t advise them within the 60-day period and now i will be held liable for a fee as well as the month following my vacate date. Is this possible?

Asked on August 28, 2010 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A lease is a contract as between two or more parties and you are both bound by the obligations thereunder.  Is there a paragraph that indicates what happens in a breach (and the failure to provide you the renewal within 60 days is a breach of the terms as you indicate here)?  What, though, does it say as to your notifying them?  Is your notice to them "contingent upon" your receipt of the renewal? In other words, what is the time frame that you are supposed to give them and does it say that they have to give you the renewal first?  If it is not then you had to give them 60 days notice.  If it does not say then the 30 days may be viewed as reasonable under the law.  Ask for help in reading the terms.  Good luck.


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