Is there a legal requirement that a tenant on month-to-month after a lease expires give any notice to vacate not specified in the lease?

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Is there a legal requirement that a tenant on month-to-month after a lease expires give any notice to vacate not specified in the lease?

My lease expired 4 months agoand I’ve been month-to-month since. I pay rent on the first of the month. The lease states: “If you continue to occupy the premises with our consent after this lease ends, this lease will be on a monthly basis. In that case, either you or we can send a 30 days notice to the other and cancel lease before lease period ends.” I gave notice 5 days ago and asked to prorate next month’s rent for 5 days, through the 5th. The landlord insists I must give notice on the first to provide a full calendar month but that is not specified in the lease.

Asked on July 10, 2012 under Real Estate Law, Connecticut

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, if a tenant is on a month-to-month lease and the tenant or the landlord gives the required written notice of termination of the lease, the time period of the lease will end thirty days from the date the notice is given.

If you gave notice on July 10, 2012 in writing to you landlord that you are ending your lease in thirty days, your lease is up August 10th, 2012 and you only have to pre-pay rent through August 10, 2012 instead of the entire month of August 2012.


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