A : I am the Landlord . B : There is a written provision in the lease requiring the tenant to give me a written 30 - day notice prior to moving out of their intent to do so . C : The lease is through Dec / 2013 so does this written notice apply only near the end of the lease , indicating that he is not going to renew the lease and is moving out , or can the tenant give me '30 - day written notice to vacate say in April / 2013 and they are no longer bound by the Dec / 2013 lease ? Or are they still bound by the lease through Dec / 2013 ? thanks
No attorney can tell you what this clause of your lease means without actually reviewing your entire lease, or the entire clause at the very least. I would also note, not knowing what your lease states or what clauses mean is not a good thing. You should take some time and invest in consulting with an attorney for an hour or so to make sure you understand the document that you are having your tenants signs and your rights under the lease.
Andrew A. Esposito
Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
Family Law Attorney
I agree with counsel. The answer is ONLY in the lease. IF the lease says that after the first lease expires, that the lease automatically renews for another year, THEN the tenant is bound by those terms, and MUST stay another year, or be sued by you for violating the lease (OR you could do what ever you want and let her out of the lease, as you are the landlord) . In the alternative, if the lease says that after the expiration of the lease period, the lease will turn into a month to month tenancy, THEN, she can give you 30 days notice and move out after that time without problems or liability. If the lease is silent, arguably it defaults to a month to month lease (see above) Good luck. There are VERY specific laws that relate to security deposits, and the return of them. Make sure you comply with them. Good luck. You might want to see an attorney as you appear to be a new landlord.
The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.