Can my landlord charge me $6,000 for not giving a 60-day notice to vacate?
I received an email asking for $6,000 because I didn’t provide a notice to vacate. I told them in April I was planning on looking for condos and was trying to break my lease early.
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That isn’t an official notice to quit. Although the lack of a renewal offer suggests they knew you didn’t intend to remain, they may have treated it as month-to-month until you found a new place.
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I received an email asking for $6,000 because I didn’t provide a notice to vacate. I told them in April I was planning on looking for condos and was trying to break my lease early.
Elizabeth
Did the lease have a buyout clause?
Yes, there was a penalty to break it early, but I didn’t do that. My lease ends on the 22nd of this month.
Elizabeth
Did it require that you give notice prior to the lease ending?
Yes, the lease said to give notice, but I told them in April I was trying to break it early and would be looking elsewhere after the lease.
Elizabeth
Was that in writing?
Yes, I emailed them.
Elizabeth
Do you know if the unit is listed for rent now?
I don’t know. I just gave them the keys two days ago.
Elizabeth
Did they ever give notice that they didn’t intend to renew? Legally they would have to give notice they don’t intend to renew, or it converts to month-to-month.
No, I just never got a renewal offer. They always previously sent an offer letter, so I assumed they knew I was moving out.
Elizabeth
Does the lease mention month-to-month? If it just terminates in the contract, they can’t bill for more as you’re both bound by the terms.
It does mention month-to-month in there.
Elizabeth
If it rolled to month-to-month, they could argue for notice. Does it also give a notice period?
60-day notice. I emailed them in April about trying to break the lease.
Elizabeth
Did the email specifically say you didn’t intend to renew?
I said I was looking at condos for my next steps and asked about breaking my lease between then and August.
Elizabeth
That isn’t an official notice to quit. Although the lack of a renewal offer suggests they knew you didn’t intend to remain, they may have treated it as month-to-month until you found a new place.
This is what they sent today: “You didn’t get a renewal because you told the office you were planning on moving out—you just didn’t know when. If you had wanted a renewal, all you needed to do was ask. Regardless of when your lease ends, you are required to give a written 60-day notice. We did not receive that. A 60-day notice from 8/9 (when you turned in keys) would put you at 10/9 which is a blackout month. All of this is on the first page of your lease.” Yeah, based on what they sent, it seems like they knew I was leaving. I have an appointment with a lawyer next week—worth the time?
Elizabeth
Is there a move-out blackout listed in the lease?
Yeah: “Should your lease agreement default to a 60-day notice self-extension, notice to vacate may not be given in Oct, Nov, Dec for move-out in Dec, Jan, or Feb.”
Elizabeth
That would mean your move-out would be in October, which is not blacked out.
So I should keep the appointment?
Elizabeth
Yes—it’s helpful for a full review of your lease and correspondence.
Okay, thanks. In the meantime, should I respond to any emails from the lessor?
Elizabeth
You may want to wait until you speak to the lawyer before responding.
Got it, thanks for your help—I really appreciate it!
Elizabeth
You’re very welcome! Have a great day!
You too!
Elizabeth
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