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Landlord wants to charge me a re-letting charge , and 20 days of rent citing a " 60 - day notice " clause in the lease .

Houston, TX |

I had a 12 month lease that expired on 1 / 8 / 2013 . The lease contract states the lease will automatically renew on a month - to - month basis when it expires . There is a clause in the lease that say that a 60 day notice is required . I provided a written notice on 12 / 27 / 12 say that I was giving a 30 day move - out notice from the date the lease expired and went M2M 1 / 8 / 2013 - 2 / 8 / 2013 . Now that I have moved out the landlord sent me a bill for the remainder of February because they claim was still supposed to give a 60 day notice even though the lease is month to month . The re-letting charge section of the lease says , " you will be liable for the re-letting charge if you move out without paying rent in full for the entire Lease Contract term or renewal period " . I paid for 12 months plus 1 .

I wanted to add that I am confused how they can claim that the 60 day clause, according to the landlord, can make me liable for 2 months, under a month-to-month agreement?

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Attorney answers 1


Don't be confused - 60 days notice is always required under your lease if that's what it says. You only gave 30 days notice, so you're in breach of the contract and they can charge you the additional month of time even though you moved out.

The fact that you paid for 12 months plus 1 means nothing really - you lived there that long. You didn't give 60 days notice as required, thus you're being charged for the other 30 days you were required to give them notice prior to moving out.

The first term of the contract was 1 year, then it extends one month more at a time. Either of you (tenant or landlord) could give proper 60 day notice to the other that you were going to terminate the lease in 60 days, and then at that time it would be over. The month to month is the extension after the first term - sometimes leases are written to be for a certain period, and then renewed automatically for another same length of time. Residential leases (unless otherwise specified) got to month to month. But the length of the lease has nothing to do with the notice period.

Bottom line - you owe what the landlord says you do.