If I live in an apartment, shouldn’t I be able to take back my “30 day notice” if it hasn’t even started yet?

About 2 weeks ago I submitted a “30 day notice” to vacate. However, this 30 day notice is for the end of next month 30th which is the end of my year contract anyway. I would like to now stay on a month-to-month basis and not move out on the 30th. The office has told me they already have someone moving in on October 10th and I cannot retract the 30 days. It hasn’t even started the “30 days” until the 1st.

Asked on August 25, 2015 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A lease is a contract. A contract may be modified, such as a change in its duration or expiration date, by the mutual agreement of the parties. It cannot be changed back or changed again except by mutual agreement. When you gave your 30 day notice and your landlord accepted it, that changed your tenancy end date. You cannot change it again, decide to stay longer, etc., unless the landlord chooses to agree to do this--and they are not required to agree to this. They can hold you to the end date you provided notice of.


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