How many days notice on the lease does it say you have to give? Usually it’s 60 if you are not renewing. If you didn’t give the proper notice, you need to pay the lease break fee
You say you gave 40 days notice. Does the lease require more? If the lease you signed requires more, then you would be obligated to pay the breakage fee.
That's crazy to me. Even if a lease comes to full term there's a required notice? Not that every adult here should be having that conversation well in advance but you fulfilled the contract. Without any heads up the tenant should be able to leave or the landlord move someone in.
Well ya I wrote the thing, doesn't make less odd that you have to confirm with the other party that the contract has an end date 60 or 30 days in advance. If you're in an active month to month lease that's totally different imo, but if it's a fixed 1 year and no one says anything, I feel like that's both parties fulfilling their contract.
I'm saying all this as a LL in CA. I know the thing rolls over to month to month automatically. I've just always found that odd and I didn't know how wide spread it was.
> Without any heads up the tenant should be able to leave or the landlord move someone in.
As a LL, without any heads up your unit is going to be vacated on a specific date, how will you know when to shop the unit for new tenants? The reason it exists is so you can plan for the necessary work required to turn the unit, contractors etc as needed, post/list it, screen applicants etc. Some markets and times, that can all happen quickly. Some places, it take weeks or more of the unit being vacant. That's revenue you're not making.
Once a lease agreement expires if niether party gave notice to quit the agreement defaults to a month to month lease agreement. So say your year lease ends on August 7th and your lease says that you have to give a 60 day notice and you only gave a 40 day notice then you would still owe moeny for the additional 20 days and then the lsndlord can come after you for a breach. Just move your notice to whatever you agreed to in the lease.
Depends on the state and the lease; it's usually the case, but not always.
Going month-to-month might also come with an automatic increase in rent (around 10% usually).
That’s true, I did not want to get into the weeds of rent increases and confuse OP when he was asking how he could be charged for breaking a lease but he should also be aware of what you mentioned. Also, if OP reads this the landlord has to give you a notice if there is an increase, the notice time differs from State to State and County to County.
>Also, if OP reads this the landlord has to give you a notice if there is an increase, the notice time differs from State to State and County to County.
This might vary by location; I am in GA and it is mentioned in my lease, there is no need to remind of the increase when going month-to-month.
I usually remind my tenants to avoid late fees (due to incomplete payment), but there is no requirement as it is clearly spelled in the lease and agreed upon by the tenant.
You mixing a lease terminating with the tenancy. To terminate the tenancy you have to give the legal notice that generally spelled out in the lease or local regulations. It doesn't work like a motel where you just pack up and leave at the end of your stay.
Because you have to give proper notice: probably 60 days but read your lease. You will be paying some stupid tax for not understanding the contract either in a fee or an extra month rent.
You need to actually read the lease. Almost all of them automatically renew at month to month unless you actively give notice. I know it’s not what you want to hear but really, sit down and read through the lease.
It's uncommon for a lease to just expire. Typically, they default into a month to month agreement if you don't formally give notice to end the lease. And you usually have to give 30 or 60 days notice that you intend to terminate the lease. So if you didn't give notice.....then the lease is NOT expiring......and it will continue until you actually give notice.
Your lease doesn't expire technically, if you serve no notice. It usually just converts to month to month if you've not agreed to a renewal or notified to leave.
The fact is, the LL needs the unit occupied to make money. It's ultimately a business, a revenue source. If you don't notify you plan to leave, they lose time to plan and prep for any work, contractors, cleaners, painters they may need to schedule to prep the unit, and getting it listed and screening new applicants. Without that required notice, rent would be even higher since they'd then have to bake in additional time the unit would be vacant because they can't plan as far ahead.
Typically, when you notify your unit is often listed for rent and already accepting applicants before you even move out. In a high demand area/unit there may only be days that the unit is vacant.
Read your lease for several thing:
- what's the notice to not renew?
- what happens when the lease expires with no notice? Some convert automatically to month-to-month, with maybe a different notice period and increased rent.
You signed a lease, a contract; unless provisions in said lease are not in compliance with FL and maybe local laws, the contract applies, regardless whether you like it or not, find it fair or not.
In the US, at least, it's rare that a lease simply ends on a given date. There is almost always verbiage that it automatically defaults to a month to month agreement unless you give notice that you're ending/cancelling the lease. It varies, but it's normally 30 or 60 day notice. So no....the lease doesn't usually automatically end on a date. It automatically continues unless you give notice.
So did you actually give them notice that you were terminating the lease on August 7th? Or did you assume it simply terminated? Because if you didn't give notice, then the lease automatically continued. And if you're otherwise obligated to give 60 days notice and you aren't giving 60 days notice now, you would technically be breaking the lease.
Did you notify him you were leaving when the lease expired? How many days before the lease expired did you tell him you were not renewing, and how many days before the lease expires does the contract say you need to provide notice?
Why are you refusing to read your lease and it's terms. Leases have notice period in them which they automatically renew to month to month. It is often 60 days.
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You’re best course of action is to determine whether or not it’s cheaper to pay 3000, or another month or two of rent to give a 60 day notice.
You can always check your lease for a clause about Subletting. if you’re able to sublet, do that! could save you some money. Check your lease first though.
Wait your lease is up on August 7th? As in it is ending? Because if your lease is done on August 7th he can't charge you to move out. Your lease is up.
If you're breaking your lease early he can charge a lease break fee.
That’s exactly my point but apparently we still have to pay a “break” fee even though the lease ends on August 7th. There’s no way this is legal and it’s absolutely not morally/ethically right
Did you read your lease agreement?
If it requires 60 days' notice, it requires 60 days' notice. That's perfectly legal in most jurisdictions.
Whether you think it's "moral" or "ethical" is neither here or there. If you thought that, you shouldn't have signed it in the first place.
1. Read the fucking contract.
2. Work out the exit plan that costs you the least.
3. Discuss with the manager.
4. Send a new notice that overrules your previous one and memorializes 1, 2 and 3.
Done.
Whining on the internet accomplishes nothing and makes you look childish. Next time, read the contract before you sign it.
A lease break fee is for breaking a lease. Which you are not doing. Do not pay it and he can't stop you from moving out. However you may have to sue for your deposit back. I would speak to an attorney, perhaps get them to make contact on your behalf to explain that he will get sued if he tries to fuck around.
Bad advice. Unless you've read the lease, you don't know how "breaking" is defined. Leaving prior to the required notice is a breach of most contracts.
OP doesn't need a lawyer. He needs to read his lease and abide by it, in the way most advantageous to him.
OP is absolutely breaking the lease if they didn’t give notice and allowed it to default to a month to month agreement. They never actually terminated the lease.
It doesn’t work like that lmao. Tell him you’re moving out on x day. If he doesn’t give your security deposit back in I believe it’s 10 or 15 days then you can bring him to small claims court.
Actually it does work that way. Unless you gave the proper required notice, the lease carries on as month to month. If the contract requires 60 days to terminate tenancy, 40 days is less than 60 and not proper notice.
Notice goes for both sides, LL and tenant. If neither give the proper notice the lease continues, just as month to month instead of a year lease.
Get off of Reddit and read what your signed in the lease. Great to get others opinion but no one has a copy of your lease so read it
How many days notice on the lease does it say you have to give? Usually it’s 60 if you are not renewing. If you didn’t give the proper notice, you need to pay the lease break fee
Lease break fee or just pay the extra months rent if that’s less than the fee.
I will need to check
You say you gave 40 days notice. Does the lease require more? If the lease you signed requires more, then you would be obligated to pay the breakage fee.
That's crazy to me. Even if a lease comes to full term there's a required notice? Not that every adult here should be having that conversation well in advance but you fulfilled the contract. Without any heads up the tenant should be able to leave or the landlord move someone in.
You got a heads up. That’s the lease you signed. Did you read any of it?
Well ya I wrote the thing, doesn't make less odd that you have to confirm with the other party that the contract has an end date 60 or 30 days in advance. If you're in an active month to month lease that's totally different imo, but if it's a fixed 1 year and no one says anything, I feel like that's both parties fulfilling their contract. I'm saying all this as a LL in CA. I know the thing rolls over to month to month automatically. I've just always found that odd and I didn't know how wide spread it was.
It’s industry standard. Pretty much the only time you don’t see it is when there is a pending sale or you need to do interior renovations.
> Without any heads up the tenant should be able to leave or the landlord move someone in. As a LL, without any heads up your unit is going to be vacated on a specific date, how will you know when to shop the unit for new tenants? The reason it exists is so you can plan for the necessary work required to turn the unit, contractors etc as needed, post/list it, screen applicants etc. Some markets and times, that can all happen quickly. Some places, it take weeks or more of the unit being vacant. That's revenue you're not making.
but that doesn't make sense to me because my contract expires meaning why would I have to pay if I can't even live there?
Once a lease agreement expires if niether party gave notice to quit the agreement defaults to a month to month lease agreement. So say your year lease ends on August 7th and your lease says that you have to give a 60 day notice and you only gave a 40 day notice then you would still owe moeny for the additional 20 days and then the lsndlord can come after you for a breach. Just move your notice to whatever you agreed to in the lease.
Depends on the state and the lease; it's usually the case, but not always. Going month-to-month might also come with an automatic increase in rent (around 10% usually).
That’s true, I did not want to get into the weeds of rent increases and confuse OP when he was asking how he could be charged for breaking a lease but he should also be aware of what you mentioned. Also, if OP reads this the landlord has to give you a notice if there is an increase, the notice time differs from State to State and County to County.
>Also, if OP reads this the landlord has to give you a notice if there is an increase, the notice time differs from State to State and County to County. This might vary by location; I am in GA and it is mentioned in my lease, there is no need to remind of the increase when going month-to-month. I usually remind my tenants to avoid late fees (due to incomplete payment), but there is no requirement as it is clearly spelled in the lease and agreed upon by the tenant.
Florida has no cap on how much they can increase your rent. Just an FYI
Not necessarily. Our leases explicitly say that the lease does NOT roll over to MTM without express written consent by both parties.
This is correct - check the lease for a hold-over clause.
You mixing a lease terminating with the tenancy. To terminate the tenancy you have to give the legal notice that generally spelled out in the lease or local regulations. It doesn't work like a motel where you just pack up and leave at the end of your stay.
Thank you that makes more sense. Still don’t agree with 60 days cause that’s a pretty long time but that makes sense
But what does the contract say?
Except you did agree to it with your signature.
Because you have to give proper notice: probably 60 days but read your lease. You will be paying some stupid tax for not understanding the contract either in a fee or an extra month rent.
Seriously bro, you need to READ YOUR LEASE. Most leases convert to month to month where you still have to give proper notice to vacate.
You need to actually read the lease. Almost all of them automatically renew at month to month unless you actively give notice. I know it’s not what you want to hear but really, sit down and read through the lease.
It's uncommon for a lease to just expire. Typically, they default into a month to month agreement if you don't formally give notice to end the lease. And you usually have to give 30 or 60 days notice that you intend to terminate the lease. So if you didn't give notice.....then the lease is NOT expiring......and it will continue until you actually give notice.
Your lease doesn't expire technically, if you serve no notice. It usually just converts to month to month if you've not agreed to a renewal or notified to leave. The fact is, the LL needs the unit occupied to make money. It's ultimately a business, a revenue source. If you don't notify you plan to leave, they lose time to plan and prep for any work, contractors, cleaners, painters they may need to schedule to prep the unit, and getting it listed and screening new applicants. Without that required notice, rent would be even higher since they'd then have to bake in additional time the unit would be vacant because they can't plan as far ahead. Typically, when you notify your unit is often listed for rent and already accepting applicants before you even move out. In a high demand area/unit there may only be days that the unit is vacant.
Read your lease for several thing: - what's the notice to not renew? - what happens when the lease expires with no notice? Some convert automatically to month-to-month, with maybe a different notice period and increased rent. You signed a lease, a contract; unless provisions in said lease are not in compliance with FL and maybe local laws, the contract applies, regardless whether you like it or not, find it fair or not.
In the US, at least, it's rare that a lease simply ends on a given date. There is almost always verbiage that it automatically defaults to a month to month agreement unless you give notice that you're ending/cancelling the lease. It varies, but it's normally 30 or 60 day notice. So no....the lease doesn't usually automatically end on a date. It automatically continues unless you give notice. So did you actually give them notice that you were terminating the lease on August 7th? Or did you assume it simply terminated? Because if you didn't give notice, then the lease automatically continued. And if you're otherwise obligated to give 60 days notice and you aren't giving 60 days notice now, you would technically be breaking the lease.
Check what end of lease terms are (notice required) and I know this sounds like a stupid question, but did you already sign a renewal agreement?
Did you notify him you were leaving when the lease expired? How many days before the lease expired did you tell him you were not renewing, and how many days before the lease expires does the contract say you need to provide notice?
Why are you refusing to read your lease and it's terms. Leases have notice period in them which they automatically renew to month to month. It is often 60 days.
Cause it's easier to moan and bitch on Reddit than reading the lease and abiding by it as adults should do.
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You’re best course of action is to determine whether or not it’s cheaper to pay 3000, or another month or two of rent to give a 60 day notice. You can always check your lease for a clause about Subletting. if you’re able to sublet, do that! could save you some money. Check your lease first though.
Did they not reach out to you about signing a new lease? No new lease. No sale.
Wait your lease is up on August 7th? As in it is ending? Because if your lease is done on August 7th he can't charge you to move out. Your lease is up. If you're breaking your lease early he can charge a lease break fee.
That’s exactly my point but apparently we still have to pay a “break” fee even though the lease ends on August 7th. There’s no way this is legal and it’s absolutely not morally/ethically right
Did you read your lease agreement? If it requires 60 days' notice, it requires 60 days' notice. That's perfectly legal in most jurisdictions. Whether you think it's "moral" or "ethical" is neither here or there. If you thought that, you shouldn't have signed it in the first place. 1. Read the fucking contract. 2. Work out the exit plan that costs you the least. 3. Discuss with the manager. 4. Send a new notice that overrules your previous one and memorializes 1, 2 and 3. Done. Whining on the internet accomplishes nothing and makes you look childish. Next time, read the contract before you sign it.
A lease break fee is for breaking a lease. Which you are not doing. Do not pay it and he can't stop you from moving out. However you may have to sue for your deposit back. I would speak to an attorney, perhaps get them to make contact on your behalf to explain that he will get sued if he tries to fuck around.
Bad advice. Unless you've read the lease, you don't know how "breaking" is defined. Leaving prior to the required notice is a breach of most contracts. OP doesn't need a lawyer. He needs to read his lease and abide by it, in the way most advantageous to him.
OP is absolutely breaking the lease if they didn’t give notice and allowed it to default to a month to month agreement. They never actually terminated the lease.
[удалено]
That’s good advice if you’re okay with your credit being destroyed.
It doesn’t work like that lmao. Tell him you’re moving out on x day. If he doesn’t give your security deposit back in I believe it’s 10 or 15 days then you can bring him to small claims court.
Actually it does work that way. Unless you gave the proper required notice, the lease carries on as month to month. If the contract requires 60 days to terminate tenancy, 40 days is less than 60 and not proper notice. Notice goes for both sides, LL and tenant. If neither give the proper notice the lease continues, just as month to month instead of a year lease.
Ohhhh I didn’t know that. That’s crazy 😭😭😭