It seems from the facts that the current landlord did not properly terminate the lease agreement. If you want to be out by 1-31-13, then write them the letter soon that you are terminating as of 1-31-13 (be sure that you really can be out by then). They have to receive it at least 15 days before 2-1-13.
If you don't want to move by 1-31-13, then don't write them until 1-16-2013. In that letter, you would inform them that they did not properly terminate the lease agreement.
wow great answer ! thank you so much. I got told that the Owner are not allowed to rent it out while they are in a short sale .. ? we paid for december anyway but will this be legit even if they would close on January 15ht ?
Carolyn.. is that for a fact also in a month to month lease? All we have in writing was the 1 year lease.. after that lease in June 2011 we never renewed the lease .. as we assumed its a month to month term automatically.
saying they didnt terminate properly.. does an email from them count?