What to do if my landlord lost my 30 day notice to vacate and now wants me to pay an extra month?

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What to do if my landlord lost my 30 day notice to vacate and now wants me to pay an extra month?

I mailed 45 days before my lease term (1 year) is up but they claim they never received it. My one bad is I just mailed it, no certified mail. They now want me to pay an additional month’s rent. In the lease agreement it says to mail a letter to vacate 30 days in advance which I did but it does not specify what happens if I do not. It doesn’t say you’ll be responsible for next month’s rent or anything like that. It simply states, “At least (30) thirty days prior to expiration of this agreement, Lessee shall give Lessor written notice of Lessee’s intention to vacate the premises.”

Asked on January 26, 2012 under Real Estate Law, Arizona

Answers:

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

Answered 9 years ago | Contributor

It does not have to be specific as to what will happen if you do not follow the terms of the lease. The lawinyour state does that for free.   Did the landlord admit that they  received it?  In anything that can be used as evidence? If not then it is your word against theirs - not so bad but not great - when they bring a proceeding against you.  Now, the law provides that once a lease expires, you become a month to month tenant paying under the same terms of the lease. So you would still be responsible if you did not give proper notice and you stayed.  You might want to speak with legal aid or a tenant's rights organization.  Good luck.  


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