Will I have to pay the rest of my lease?

UPDATED: Jun 1, 2009

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Will I have to pay the rest of my lease?

I have a lease for my apartment that I am currently living in. I am trying to vacate my apartment due to financial problems. I talked to my landlord and asked to vacate asap. My lease was supposed to be 14 months starting Dec 2008 to Feb 2010…however on my actual lease paperwork it states Dec 2008 to Jan 2009. Would i still be responsible to pay for those extra months if I give my notice and move before the feb 2010 date?

Asked on June 1, 2009 under Real Estate Law, South Dakota


BP, Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It's very possible that you wouldn't be responsible for the extra months as the lease states that the term ends in January 2009 unless the landlord has some other documentation signed by you showing that the intention was different than stated.  Under most states landlord tenant laws, a lease converts to a month to month tenancy if the tenant continues to live in the premises after the end of the lease and the landlord continues to accept the rent.  You'd probably need to provide 30 days' notice, but check your lease to see what is required - because even in a month to month tenancy, the other terms of the lease still apply.

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