What can I do about being held to an rolling month-to-month lease after I have moved out?

UPDATED: Aug 24, 2011

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What can I do about being held to an rolling month-to-month lease after I have moved out?

I have moved out of state. However I had an apartment lease with a roommate that ended 2 1/2 months ago. I notified the lease office in writing 2 months earlier that I would no longer be residing in the apartment because I was relocating for work but that I would continue to fullfill my financial obligation through the end of the lease term. The other tenant has not chosen to terminate the lease and has continued to live in the apartment. I also notified the other tenant that I would no longer pay rent after the lease agreement ended.

Asked on August 24, 2011 Delaware


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have already put your landlord on notice in writing (through the leasing office) that you would be fulfilling the lease's term even though you are out of state and no longer living in the unit, have continued to fulfill the balance of the lease's term and the other tenant that you had remains in the unit but will continue to live in it after its term ends (and you have advised this tenant you are not going to be in the unit after its term ends in writing), you have done a very good job protecting your interests and placing all interested parties on notice of your intent.

The only thing I would suggest is follow up letters to the tenant in the unit and the leasing office confirming the prior letters where you would not be renewing your lease at its term's end keeping a copy of such for future need.

Good job.

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