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I live on a month to month lease at my apartments. I was informed today that to leave i have to give a 60 days notice

Springfield, MO |

Which i am fine with. I went up to give my notice today and i was told that my 60 day notice to leave my apartments wouldn't 'go into effect' until 26 more days have passed (May 1st) THEN my 60 days start from that date...so i am being asked to give my 86 days notice?? Which would basically mean i do NOT live month- month and instead i am living 3 month leases?? Can they do this?

I need to add...recently we've had horrible things happen here at my apartments...and i am scared for my life to live here..I want OUT!!

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Attorney answers 4

Posted

You should only be required to give 30 days notice on a month to month Lease.

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Posted

Depend what you mean by month to month. Is it a written lease? Does it mention 60 days' notice. An attorney would need to read the lease. Generally, a notice requirement means 30, 60, etc. days prior to the day of the month the rent is due, not x calendar days from when you plan to vacate.

My comments are general in nature, are not legal advice as to your specific issue, and do not establish an attorney-client relationship. Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me. The exact nature of your legal situation will depend on many facts not known to me at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

Posted

The answer to this question would depend on the terms of your lease. I suggest consulting an attorney in the area that has experience in this area of law. They will be able to review your lease to ensure your rights are properly advocated.

Also, depending on what "horrible things" have happened in the apartment, you may be able to break the lease early. The attorney you consult will be able to tell whether that is applicable in this situation - i.e. Constructive Eviction.

*** If you like my answer, please mark it as the best answer.
Sincerely,
C. Curran Coulter II, J.D.
Attorney and Counselor at Law
THE COULTER LAW FIRM, LLC
8000 Maryland Ave., Suite 1060
St. Louis, Missouri 63105
www.stl-lawfirm.com
Office: (314) 721-1116
Fax: (314) 725-1026
curran@stl-lawfirm.com

Legal disclaimer: 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 State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

Posted

If this is truly a month to month situation, you need only give thirty days. As the others suggested, if you have a lease, review it, and see an attorney if you have any questions about it.