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

UPDATED: Sep 30, 2022

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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 6 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.

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