What can I do if I gave notice to vacate however my lease is not up and I need to stay a bit longer but the space has already been re-rented?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do if I gave notice to vacate however my lease is not up and I need to stay a bit longer but the space has already been re-rented?

I signed a lease for commercial property that states I can give 6 months

notice and vacate even prior to lease ending. I did so and now my new space is not going to be ready in time. My lease actually still has a year on it. The landlord has now rented the property for Mar 1 and I need 30 days more. Can I tell them I am staying 30 more days or do I have to leave because I have notice?

Asked on November 8, 2016 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, once you give your landlord notice that you are leaving by a certain date, whether that is because your lease has expired or because you are exercising an option under the lease to terminate early, you are held to that date--you cannot remain past it (unless the landlord voluntarily agrees to give you more time) and, if you try to, the landlord may have you evicted.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption