Giving 60 day notice. My lease contract says the following:?

Question

The initial contract begins on May 1, 2007 and ends at midnight the 31st day of October, 2008 and will automatically renew monthly to month unless either party gives at least 60 days written notice of termination or intent to move out. I told my apt manager that I would give notice on September 1 with the intent to move out on November first. That is 60 days right.

She said that my lease does not end until the end of november.

Answer 1

She probably made a simple mistake.  Do not give a verbal notice.  Put it in writing and send by certified mail with a return receipt.  A notice needs to be in writing.

Answer 2

your math is right - Sep = 30 days, Oct = 31 days, so sum = 61 days.  Since your lease ends at 10/31/08 and you give notice 81 days earlier, you are good to go!

Answer 3

  I'd say you're right. If you have it in writing that it ends the end of Oct, and you are giving your 60 days in time to meet that deadline, she doesn't have a legal leg to stand on. Unless you have signed a subsequent contract.  

Answer 4

If your contract does say the term ends at midnight of October 31, then it's o.k. to submit your 60 day notice on Sept. 1. If you're sure you gonna move, it's o.k. to give them the notice now which is even more than 60 days. To make sure the manager receive it, hand the notice to him and have him sign on a copy with a date on it. Send in with certified mail sometimes difficult to control the time of receipt or the manager can even claim he never gets it and created a conflict/argument.

Answer 5

I am pretty sure she is wrong. If you do what you say, you will have lived up to the requirements of the lease and you would be able to move out on the 31st October. You could check with a real estate lawyer or that matter any lawyer as it is pretty simple contract law.

Answer 6

Send everything certified mail with return receipt.   That is to make sure she gets what you are sending and you have proof.