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Can a 30 Days Notice to Vacate be served before the lease expiration date?

Mountain View, CA |

My office lease will be expired on July 9. I notified the manager that I did not intend to renew the lease. He told me to give him a 30 Days Notice to Vacate after July 9. But I don't want to pay for extra rent since I don't use the office anymore. Can I serve the notice right now? I guess that I still have to pay for the rent from July 10 to July 27 (30 days after June 28).

I couldn't find any termination provision other than the sentence saying "The term shall be a 12 month basis commencing on July 10, 2009 and terminating on July 9, 2010 unless sooner terminated pursant to the provisions hereof." No Notice of Vacate was mentioned in the agreement either. Only in the HOLDING OVER section, it states that "if said Lessee holds possession of the said Premises after the term of this Lease, such Lessee shall become a tenant for successive terms of one month each upon the terms and rent herein specified, and shall continue to be tenant until such tenancy shall be terminated by Lessor or Lessee upon one month written notice prior to the date of termination of such tenancy." But I don't want to possess the office after the lease expires on July 9.Therefore this HOLDING OVER provision does not apply.

Attorney Answers 2


The answer is going to depend on the terms of your lease, and the notice period required therein. Take a look at the notice or termination provisions and repost additional information.

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What you have is a term lease for 12 months. Not a month to month lease. For term leases, you would simply vacate the premises on the last day of the lease, if you don't wish to hold over. You don't have to notify the landlord 30 days in advance if you intend to move out by July 9. But if you hold over beyond July 9 and you pay rent for the next month accepted by the landlord, you'd become become a month-to-month tenant. Then all the rules for month-to-month tenancy would apply.

So the short answer to your question. If you don't want any hassle, simply vacate by July 9. Does it say anywhere in the lease you're required to give notice of termination?

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