Reactivating a terminated lease?

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Reactivating a terminated lease?

Lease contract states we had to give 90 days notice prior to lease ending…we did by certified mail. Our certified letter notified landlord we will not renew lease. Their certified mail return letter acknowledged our lease termination and gave a move-out date. 30 days later we gave handwritten note asking to cancel our cancellation notice(deal on a house fell thru)….we have a new home deal and now & want to leave by the date they gave, without renewing…..now they saw we renewed but “legally” we didn’t…I feel once lease was terminated, a whole new lease would have to be signed.  Who is right?

Asked on June 5, 2009 under Real Estate Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

It all depends. A whole new lease would need to be signed unless the landlord relied to his or detriment on your promise to stay and/or your lease term was over by then-- see, you cannot have your cake and eat it too. So, it all depends on what you did during the time you wanted to cancel and the time you said never mind. 1. Did you pay rent? 2. Did you not move things out? 3. If you paid rent, how long until you changed your mind again to move out? 4. It would be a hold over OR you would be on a month to month if by the time you changed your mind your original contract ended. If not, you are still under your old lease until it terminates by time. In other words, deciding to terminate or not renew the original lease doesn't void the original lease, it merely gives the notice to everyone about not renewing it.

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