5/8: emailed Prop Mgr wanting to renew 12/mo lease. 5/13: He EMAILED response: owners selling, not renewing; lease ends 6/30, "advise your move-out date", etc. 5/23: e/m'd PM asking for 1-2 mos on mo-to-mo. Waiting for answer. His email "advise your move-out date", combined with the wording on lease is confusing:
(Pg 1, sec 5): "TERM: ...shall commence 6/6/2015...until 6/30/16... THEN ON MONTH-to-MONTH BASIS, THEREAFTER, UNTIL EITHER PARTY SHALL TERMINATE THE SAME BY GIVING THE OTHER PARTY 30 DAYS WRITTEN NOTICE DELIVERED BY CERTIFIED MAIL." (Pg 4, sec 23): "NOTICE OF INTENT TO VACATE: TENANT shall provide notice of TENANT's intention to vacate premises at expiration of this Agreement. Such notice shall be in writing and ... provided to L/L prior to 1st day of the last mo. of the lease term SET FORTH IN sec 5.... In no event shall such notice be less than 30 days prior .... IF TENANT FAILS TO PROVIDE SUCH NOTICE, TENANT ... DEEMED TO BE HOLDING OVER ON MO-to-MO ... UNTIL 30 DAYS AFTER SUCH NOTICE. DURING H/O NOT AUTH. BY L/L, RENT INCREASE BY 10%." We don't want eviction; we will pay our rent. Should we mail cert letter advising 7/31- 8/01 or 8/31- 9/01 move out date? Or???
Sorry, but the wording in your question is all confusing. If the landlord failed to give 30 days' notice to terminate the tenancy on 6/30, then it should proceed on a month-to-month basis until the landlord (or you) gives a 30-day notice to terminate the month-to-month. So if you are on a month-to-month after 6/30, the landlord could try to end the tenancy and evict you sooner than 9/1.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline