When can I terminate my lease and what is the needed notice?

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When can I terminate my lease and what is the needed notice?

A few years ago we signed a fixed-term lease for 1 year. It has holdover-by-lessee with permission clause, in which case an addendum is created, “which shall be subject to all the terms and conditions hereof but shall be terminated on 60 days written notice served by either Lessor or Lessee…” Last addendum states, “…term of this lease shall be extended for a period of 1 year…”. Is it now a hybrid of fixed-term and monthly? How can I, the lessee, terminate the lease? Can I terminate before end-date (with notice)? Do I need to give 60days notice if I want to terminate at end date?

Asked on March 10, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to bring this lease to an attorney to review all the language in detail, together, and in context. It is entirely possible that the lease is now a one year lease which is terminable on 60-days written notice--there is nothing inconsistent or illegal about a contract (which is what a lease is) being for a fixed term so long as neither party pre-emptively terminates it in accordance with the contract's terms; therefore, this is a perfectly reasonable construction of what you've written. That said, since on the face of it, there seems to be some ambiguity or contradiction, you need to have some experienced read the whole lease for you, construing all its terms together, because when there is confusion or ambiguity, courts (if legal action ensues) will look to the entirety of the document to try to understand its meaning.


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