What will happen ifI give a 30 day notice instead of the required 60 day notice upon the end of my lease?
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What will happen ifI give a 30 day notice instead of the required 60 day notice upon the end of my lease?
Asked on September 22, 2011 under Real Estate Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What will happen is that you will liable for at least one more--i.e. the extra thirty days--of rent. That's because if the lease requires a certain type of notice, then notice which does not comply with lease is ineffective. That is, it does not provide the required notice.
When a certain period of notice is required, but less than that is provided, the usual way a court would view matters is that the notice was given on the day you gave it, and became effective the proper number of days later. So if you gave notice on, for example, Sept. 1, the it would be Nov. 1 that the notice is effective and the tenancy and lease are terminated. That in turn means that you owe rent from Sept. 1 to Nov. 1, or 60 days. If you stayed (and presumably paid rent) for 30 days before moving out, the landlord can seek the additional 30 days from you, and take it out of your security deposit if you don't pay (and if it hasn't been used up for damage, other unpaid rent, etc.) as an alternative to suing.
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