If my landlord requires a 90 days notice to move/stay, and I sign the lease addendum to move out but do not move, can I retract?

UPDATED: Aug 4, 2011

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If my landlord requires a 90 days notice to move/stay, and I sign the lease addendum to move out but do not move, can I retract?

My landlord requires 90 days notice to move or stay with the new lease.

Asked on August 4, 2011 New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can, IF the landlord lets you stay--that is, you can absolutely ask him to let you stay, negotiate to stay, etc. However, once you provide notice in accordance with the lease, the landlord is not obligated to let you stay; you have provide notice terminating your tenancy, so he may hold you to that and evict you if you don't leave voluntarily.

You may wish to negotiate up front, before providing notice--see if the landlord will give you something in writing saying that if you change your mind you can stay. Even if it's not open-ended--e.g., say it lets you change your mind in the first 30 days--that's better than nothing. If you get the landlord's agreement in advance, you can then proceed with confidence. Good luck.

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