What to do if my lease has expired but a clause init requires 60 days notice regardless if the lease is in force?

UPDATED: Oct 24, 2011

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What to do if my lease has expired but a clause init requires 60 days notice regardless if the lease is in force?

My original lease expired 5 months ago and I have been under an oral agreement/month-to-month arrangement since then. Here is what it says verbatim: “Under all circumstances, Lessee must give and Lessor must receive WRITTEN notice of termination at least 60 days prior to the last day of the Lessee’s final month of tenancy or this lease shall continue as a Month to Month Tenancy. As part of your month to month tenancy, you are still required to give a written notice of termination of tenancy at least 60 days prior to the last day of the lessee’s final month”. Can they require this on an expired lease?

Asked on October 24, 2011 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, it can be required, because it was not actually required on an "expired" lease--rather, from what you write, it was part of the lease which you and the landlord mutually agreed to and which had been in force. A contract--and that's what a lease is; a contract--can contain any requirements in regard to termination, expiration, renewal, notice for termination, etc. that the two parties agree to. As long as the clause was validly part of the lease which you signed/executed--and was not, for example, something which the landlord tried to unilaterally add to the lease sometime after the fact--it is enforeable, and you can be required to provide 60 days to terminate tenancy, notwithstanding the expiration of the original lease term.

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