Is it legal to have lease to automatically renew with 60 days notice to vacate required?

UPDATED: Jan 10, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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