If your lease has expired, how much notice to move must be given?

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If your lease has expired, how much notice to move must be given?

My lease has expired. We are now tenants at will with no active lease. I have given a 30 day notice to my landlord. They say that I need to give 60 days, as it states in the lease which expired 6 months ago. I have argued that since we are only agreeing for 30 days at a time, a 30 notice is sufficient. Who is right? Is there a statute to support this? Additionally, the landlord states we must fill the oil prior to leaving. It is currently 3/4 full at this. The lease states that we are responsible for paying for propane (thre wrong type of fuel for this residence), but says nothing about refilling the tank.

Asked on November 4, 2012 under Real Estate Law, New Hampshire

Answers:

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

Answered 9 years ago | Contributor

I think that you are going to have an argument regardless of what happens and possibly have to go to court to resolve it if you can not resolve it yourself. If the lease has ended then you are no longer bound by it and you are now a month to month tenant.  30 days notice is sufficient.  I would do it in writing.  Now, about the propane, regaless of the type of fuel listed it does not state that you have to leave the tank full, correct?  Then document the amount that is in there  - since I would think that you should receive a credit - and leave it at that.  Good luck.


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