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Susan Rita Feierman Solomon

Susan Solomon’s Answers

2 total

  • 30 day notice after lease is expired

    my lease was up for renewal last month i never talked to the land lord since then and now i found a new place. since my lease was already up and i din't sign any new lease am i still liable for a 30 day notice even though the lease has expired?

    Susan’s Answer

    Most likely, yes. In general, if your lease term ended two weeks ago and you continued to live in the premises, continued to pay rent, and you pay rent monthly, you automatically became a "month-to-month" tenant even though you did not sign a new lease. As a month-to-month tenant, thirty days prior written notice is usually required for either party to terminate the lease.

    Although you may be liable for rent for thirty days from the date of notice, the landlord is required to mitigate damages. If the landlord finds a tenant who can rent the premises when you leave, this would usually relieve you of the obligation to pay rent for those two extra weeks. However, finding a new tenant on such short notice may be difficult. If no tenant can be found, you may be on the hook. At this time It is usually wise to ask for a "walk-through" with the landlord to examine the premises for damages so that the amount to be refunded from your security deposit can be determined. This might be a good opportunity to discuss the rent issue with the landlord and determine if the landlord might be willing to compromise.

    These comments are not intended as legal advice to you, but rather general information about the nature of obligations under such circumstances.

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  • 30 day notice after lease is expired

    my lease was up for renewal last month i never talked to the land lord since then and now i found a new place. since my lease was already up and i din't sign any new lease am i still liable for a 30 day notice even though the lease has expired?

    Susan’s Answer

    When determining your rights and obligations under your lease, first review the lease itself for specific provisions regarding the issue. In general, a lease terminates at the expiration of the specified term. The thirty day written notice provision usually refers to a notice to terminate the lease when the lease continues after the initial term ends and the lease becomes a "month-to-month" lease which can be terminated by either party by giving thirty days advance written notice to the other. Since you are vacating at the expiration of the term and you did not renew the lease, in the absence of language in the lease to the contrary, you will not be liable for rent after the expiration date.

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