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My residential lease expired but i did not give 30 day notice am i obligated to do that?

San Jose, CA |

can my landlord obligate me to stay 30 days after my lease expires

Attorney Answers 2


The lease should provide fr what happens if you do not give notice of your intent to cancel at the end of the term. If you did not give notice, your LL can collect the extra rent. Let me explain why. The LL is entitled to time to find a replacement tenant. IF you do not give notice they end up losing a month's rent.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
James S. Tupitza
212 West Gay Street
West Chester, PA 19380

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Generally, yes. Most leases for a term period provide that once the lease expires, it becomes a periodic tenancy, generally for a month to month term. You need to provide a thirty day notice to your landlord so your landlord understands that you are leaving and will have time to seek a new tenant.

If you're ready to move out earlier, talk to your landlord to see if they can get a new tenant in quicker. Your landlord might be willing to negotiate with you, especially if they can get someone into your unit before the end of the 30 days.

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