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Is it really breaking a lease if your lease is up?

I have an old landlord who is trying to say I broke the lease by not giving her 30 days notice. My lease was originally one year from 3/07 - 3/08. I moved in Dec 08. Is that really breaking the lease if I was on month to month rent and did not sign another lease?

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Anonymous

Asked by Anonymous at 12:15 PM on Mar. 16, 2009 in Money & Work

Answers (7)
  • No, not if you were paying month to month and your lease was up.
    kboney29

    Answer by kboney29 at 12:18 PM on Mar. 16, 2009

  • I would look back over the lease that you signed. When I originally signed my lease it stated that the official lease period was the first twelve months and after that was on a month to month basis. HOWEVER, per the signed agreement, when I do decide to move I am required to give at least 30 days notice. If I didn't, I would consider that breaking the agreement.
    sillyt

    Answer by sillyt at 12:18 PM on Mar. 16, 2009

  • In some states just cause you don't have a lease doesn't mean you dont have a "verbal contract" I went through this too. and it pretty much means that you are month to month, which alot of states still require you give at least 30 days, but not all and I am not sure which ones. I would call an attorney, they should answer your question without charging cause for them it is just eneral knowledge, that's what I did.
    AK_aries

    Answer by AK_aries at 12:19 PM on Mar. 16, 2009

  • It depends on the lease you signed and also the state laws. I was on a month to month lease after my original lease was up. However, I was still required to give a 30-day notice.
    DDry

    Answer by DDry at 12:20 PM on Mar. 16, 2009

  • most landlords have a verbal agreement with tenants to give a 30 day notice to moving out, some of it is law.. you will have to look that up yourself. But normally you really should give 30 days anyways, just to be safe.
    xxhazeldovexx

    Answer by xxhazeldovexx at 1:10 PM on Mar. 16, 2009

  • Yes it is! It doesn't matter if your lease is up you have to give them a 30 day notice. *If- of course- that is what was written in the contract. It is assumed that you go on a month to month basis after your lease is up and that is why you have to give them a 30 day notice.
    Erica_Smerica

    Answer by Erica_Smerica at 4:37 PM on Mar. 16, 2009

  • Even if your lease is up, most all lease agreements have a 30 day notice requirement. This is pretty standard in any landlord tenent agreement. Most leases are also renewable on a month to month basis after the original year term. Get your lease out and read it. I would say you broke your lease. 30 day notice is required on any rental agreement.
    Anonymous

    Answer by Anonymous at 9:08 PM on Mar. 16, 2009

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