Renter’s Lease

UPDATED: Oct 1, 2022

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Renter’s Lease

I am being bound to lease terms for a lease that has expired. I am moving on 12/1
and my landlord is stating I am to give a 60, or pay 3 months rent for early
termination, but again I have no effective lease agreement.

Asked on November 17, 2017 under Real Estate Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When a lease expires, if you continue being a tenant, you become a month-to-month tenant on an oral (unwritten) lease. (Oral leases are month-to-month.) As the term "month-to-month" implies, you can move out and end your tenancy on a month's notice. So if you gave insufficient notice (less than a month), you would owe one month's rent. Because the lease became month to month, you are not held to its terms about longer notice being required UNLESS the lease specifically stated something to the effect that "After the expiration of this lease, tenant shall continue to be obligated to provide 60 days notice of termination of tenancy or else pay a 3 month early termination fee." If the lease specifically stated that this provision would continue past lease expiration, you are still bound to it, because you agreed contractually to be bound. (Leases and contracts can have provisions that survive and continue past when they otherwise expire or terminate.) In this case, you would owe the notice or the money.

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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