I signed a 1-year lease 3 years ago that has an auto-renewal clause. The statement is as follows: "unless a tenant gives 60 day notice to vacate the property, the lease will automatically renew at the end of the lease term". There is no mention of the length of the auto-renewed lease (1-year or month-to-month).
Since then, I have not signed anything and paid on-time every month. I have given a notice 60 days ago. Is the law on my side here? The landlord claims that lease has 4 more months on it.
Administrative Law Lawyer
Look at the exact terms of your lease. Given the limited information, it seems that you are not in the position of having failed to reject the renewal of the lease, but are attempting to break the lease mid term. If so, absent any other controling term, 60 days notice should have been fine. If so, the LL had / has the burden of mitigating his damages within the notice period. If he fails to do so, you are relieved of your burden. The court will look at the facts to determine what was reasonable. For example why do you want to leave?