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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 3 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.