If a 60 written notice was not given, do I still have to pay for the apartment even if I left when my lease was up?

UPDATED: Jul 14, 2010

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If a 60 written notice was not given, do I still have to pay for the apartment even if I left when my lease was up?

I gave a verbal notice to a leasing agent in my apartment complex 1 month before moving out of state. I told her that if I got a job I would not be resigning my lease at the end of 06/10 and I would leave when my lease was up. I told her that if a job did not come through out of state that I would renew my lease. the agent told me to wait until I was sure that I was moving to give my 2 month notice to avoid my apartment being sold. I was not aware of that even if I left when my lease was up iIstill have to pay for 2 additional months. Do I still have to pay?

Asked on July 14, 2010 under Real Estate Law, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First of all you have to follow what the agreement between you and the landlord is regarding renewing the lease. In other words: what the lease says as to Notice, etc, is binding on you.  Verbal notice is not permitted to alter the terms of the lease.  If you wanted to change the terms for notice you would have to have done so in writing and have the landlord agree by signing the writing.  It is unclear here what exactly is going on and what the lease says so I would suggest that you take it to someone with knowledge of leases and have them look at it for you.  There are Landlord/Tenant Clinics in law schools and legal services sometimes as well.  Good luck. 

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