Im in a month to month lease. The lease states i have to give 60 days prior to moving out. state law says 30 days for month to month. which is right?

Asked 5/19/2009 under Real Estate | 188 View(s) | More Legal Topics

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I am confused.  Did you once have a written lease, which expired, and you are now a month to month tenant?  Does the written lease say that if you continue to be a tenant after the lease ends then you must abide by the terms and conditions of the lease?  I am not sure exactly what you are asking, however, when there is no written lease in effect, you are a month to month tenant.  As you correctly pointed out, the month to month tenancy ends each month and a new one begins.  Therefore, if you are going to move out, then you should give 30 days notice.  I think that the landlord may be trying to take advantage of you here.  I would also need to see the lease that you have/had to give you a definitive answer. Perhaps you can go see a lawyer with the lease so they can advise you.  However, I do not think you have to give 60 days notice in this situation.

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