Can I be required to give 60 days notice at lease termination?

My lease is up next week. I plan to move out, however my landlord is saying that without a 60 day notice, I’ll have to pay 60 days of rent. Since my lease is terminating I thought that such provisions would not apply.

Asked on September 22, 2016 under Real Estate Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have a written lease for a definite term, you only need to provide notice (e.g. 60-days notice) IF the lease itself requires that--if it does, however, that is a contractual obligation and if you provide insufficient notice, you still have to pay (and could be sued) for the notice  period.
If you are on an oral lease a written month-to-month lease, you need to provide 30 days notice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.