Apartment Lease Help?

Question

Our one year lease has been up for a while and we have been leaving month to month in our apartment. Are we still obligated to the terms of the lease? Because in the lease it says we have to give 60 days notice prior to moving out.. and we want to know if we still legally have to give that notice.

Thanks

Answer 1

You are still bound by the terms of your original agreement even on a month to month tenancy.  Usually you only have to provide 60 days when the lease is in full force and effect (the first year) however, if you are now a tenant at will then most of the times the notice period drops to 30 days.

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To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move.

You must give the landlord the same amount of notice as there are days between rent payments.176 This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move.177 This is true even if the landlord has given you a 60-day notice to end the rental agreement and you want to leave sooner (see Landlord's notice to end a periodic tenancy.)177a

To avoid later disagreements, date the notice, state the date that you intend to move, and make a copy of the notice for yourself. It's best to deliver the notice to the landlord or property manager in person, or mail it by certified mail with return receipt requested. (You can also serve the notice by one of the methods described under "Proper Service of Notices".)178

You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 days.)179

The LL on the other hand must provide you with a 60 day notice to vacate if you have resided in the unit over 1 year, the only time he does not have to provide you with this is if the place is being sold or in escrow.

If you want to be on the safe side give 60 days and be done with it, if you need to be out then all you need to provide is 30 days notice.

Answer 2

You have probably dropped down into a 30-day notice because you are month to month.  But why not give the 60 days if it is possible.  You don't want any squabble about your deposit.

Answer 3

If the lease says 60 days then thats probably required by owner of the apts. I am over my yr lease and Im month to moth and I am required to give a 30 day notice.  

Answer 4

most like you do - have to - they will come after you for rent money and mess with or credit score