If a lease automatically renews for another year at the end of the term, is a landlord required to give the tenant any notice?

UPDATED: Jun 9, 2011

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If a lease automatically renews for another year at the end of the term, is a landlord required to give the tenant any notice?

Our landlord did not remind us that we had to give 60 days notice in order to terminate the lease, and that if we did not the lease would automatically renew for another year. We discovered this/decided to move around 30 days before the lease term and our landlord permitted us to give 60 days notice so long as it was before the end of that month. Following, we have both received letters stating that the lease has been renewed and we must pay through the term until they can find other tenants. Is there any way to avoid this? We are not financially capable to pay rent 2two houses at once.

Asked on June 9, 2011 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) A landlord is NOT obligated to give a tenant a reminder of an automatic renewal or notice period, unless and only to the extent that the lease itself states that the landlord will provide the reminder. So if there was no obligation on the landlord in the lease, he/she/it did not need to provide a reminder and you would be bound if you did not provide enough notice.

2) The above said, if the landlord agreed to allow you out of the lease anyway (such as after 60 days notice), then that agreement is enforceable. The problems may be that if the agreement was oral or verbal, then if the landlord does not remember it, disputes it, etc., you may be very hard to prove the existnece or terms of the agreement. However, if it was a written agreement or you have good evidence (e.g. emails) of the discussion leading up to the oral agreement, you may be able to enforce it.

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.

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