If there is a 60 day termination notice in my lease, does that mean I am required to pay until 60 days after I give notice even if my original lease ends before that?

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If there is a 60 day termination notice in my lease, does that mean I am required to pay until 60 days after I give notice even if my original lease ends before that?

My wife and I decided to move out of our apartment but didn’t remember there was a 60 day termination notice requirement. s there any way to get out of this? If not, how much can my landlord charge me if my current lease ends on the 7th of next month but I didn’t give notice until the 22nd of this month?

Asked on April 24, 2012 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to carefully read the 60 day termination notice in your lease to see what effect it has if any with respect to when your lease's term ends.

Meaning, if the 60 day notice mandates that you have to give notice that you are ending your lease regardless of the fact that the term will be ending on its own, then you have to give the needed 60 day notice in writing. Most likely that is the case.

If you gave your 60 day notice to your landlord that you are ending your lease with less than 60 days left on your lease, then you would seemingly be responsible for the pro-rated amount of days beyond the end of the lease per its term based upon what your normally pay monthly. For example, you would be responsible for rent for 60 days running from April 22, 2012 to June 21, 2012.

 


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