Is it legal to have lease to automatically renew with 60 days notice to vacate required?
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Is it legal to have lease to automatically renew with 60 days notice to vacate required?
I was living in an apartment that had in the lease agreement a 60 days notice to vacate with the lease automatically renewing at the end of each previous lease agreement. My lease ended per the leasing office, about 4 1/2 months ago but it was to automatically renew after that. They told me that I would have had to give a 60 days notice if I wanted to leave. My new job started in another state a month later 1st and therefore I could not give 60 days notice; I had to report to work. I gave them a 30 days notice but they still are sending me a balance of one month’s rent, plus water to pay them. Is this legal?
Asked on January 10, 2012 under Real Estate Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, it is legal to have a lease, or any other contract, automatically renew unless proper notice of nonrenewal is provided (for example, gym and health club contracts are often like this); and it is legal to require 60 days--or any other period of time mutually agreed to at the outset, in signing the lease--notice.
Since you provided 30 days notice but had to provide 60, you may be held liable for rent, etc. for the extra 30 days.
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