Lease end date (by Salvador [TX]) Feb 17, 2019 6:19 AM|
Lease end date (by Hoosier [IN]) Feb 17, 2019 8:39 AM
Lease end date (by Sal [TX]) Feb 17, 2019 8:41 AM
Lease end date (by Hoosier [IN]) Feb 17, 2019 8:48 AM
Lease end date (by Still Learning [NH]) Feb 17, 2019 9:20 AM
Lease end date (by Moshe [CA]) Feb 17, 2019 9:31 AM
Lease end date (by LindaJ [NY]) Feb 17, 2019 12:39 PM
Lease end date (by plenty [MO]) Feb 17, 2019 12:57 PM
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Lease end date (by Salvador [TX]) Posted on: Feb 17, 2019 6:19 AM
The lease my tenants signed says:
Commencement date - April 28, 2018
Term - A period of 12 months commencing on the Commencement Date and ending at 12 PM on 3/31/2019
Termination - Tenant must provide Landlord at least 60 days written notice... Failure to provide timely notice of intent to terminate this Lease may subject Tenant to liability or additional Rent...
The renter paid a pro-rated rent for the last 3 days of April and May was his 1st full month.
I believe both the tenant and I were interpreting the lease as 12 months starting on April 28th, 2018 and going through April 2019. And that we were pro-rating before the 12 months of the lease started... not pro-rating within the first month. It says the 12 months starts on the Commencement Date which is April 28. So 12 months after that takes you through April 2019.
I believe my tenant also expects the lease to end at April 28th because he e-mailed me asking of Feb 28th was the cutoff day for the 60 day notice.
My question is this... can I legally expect my tenant to pay rent through April? Or can they give me notice before March starts and move out before the end of March? If they gave me notice now and moved out in March, that wouldn't be the 60 days notice listed in the Termination condition. So can I use that as a basis to force April's rent?
Lease end date (by Hoosier [IN]) Posted on: Feb 17, 2019 8:39 AM
So you're saying there is a contradiction in your lease? If so, I'd say they could move on the 28th and not pay for the 28th-31st...or at least they'd be able to argue this in court if it came to that.
If it's true that you "messed up" by providing an unclear lease, then I'd be lenient on this and learn from the experience. --99.92.xxx.xxx
Lease end date (by Sal [TX]) Posted on: Feb 17, 2019 8:41 AM
But if the lease end date is March 31st, and they don't give 60 day notice, then can I hold them to the 60 day notice and keep them paying rent through April?
If not, then what is the point of requiring that the tenant give 60 day notice.
Lease end date (by Hoosier [IN]) Posted on: Feb 17, 2019 8:48 AM
Maybe I'm wrong, but it appears you created a conflict in your lease. It could be interpreted as...
Lease commencement - April 28th
Term - 12 months
Therefore, as a tenant, I INFERRED a lease end date of April 28th 2019. As such, I should give you notice on Feb 28th 2019, and be able to move out April 28th 2019.
If you want to be "tough" and try to force payment until the end of the month, go ahead. But you may be opening yourself up for...
1) An angry tenant who would damage or otherwise not care for the property in the meantime...
2) A trip to court to discuss/fight this
I would want to avoid both of the above. --99.92.xxx.xxx
Lease end date (by Still Learning [NH]) Posted on: Feb 17, 2019 9:20 AM
You have a contradiction and are asking a question on the basis of what you think you and the tenant believe. I think the first step is to find out the tenantís move date. If it is April 28 then I would do a 1 month addendum correcting the original lease end date. If they are thinking end of March then you have the catch 22 of what your lease says and your laws. Are you legally allowed to force payment of 30 additional days after the lease has expired due to lack of notice? What would your judge say? --24.61.xxx.xx
Lease end date (by Moshe [CA]) Posted on: Feb 17, 2019 9:31 AM
=Your lease is a little ambiguous, so if landlord and tenant cannot resolve it, then a judge will have to make his interpretation.
The judge will hear testimony from the parties as to what their understanding was of the lease. If the tenant testifies that his understanding was commencement on April 28, 2018 and termination on 3/31/2019 at 12 pm, then I would expect a good judge to interpret the 12 month term to be an approximation and thus disregard it because sufficient information is already available. So the lease would run from April 28, 2018 to 3.31.2019 at 12 pm.
Generally, under real property law, a lease terminates upon its expiration, and no notice is required. If no further arrangements are made then the tenancy may continue on a MTM basis with the same terms except for termination date, if and only if both parties are agreeable,
For details of required notice, check you local state law, but generally a lease terminates upon expiration.
If I were you, I would exchange paperwork with the tenant making clear what you both expect about the terms and dates of the lease,
Lease end date (by LindaJ [NY]) Posted on: Feb 17, 2019 12:39 PM
If I had to chose between a vague "12 months" (april thru march) and an actual ending date and time, I would think the actual ending date and time would be the correct one. You also have written, "termination of lease" -- the natural end date would be March 31 at midnight. Is there really a termination of lease or a non renewal?
This is probably a learning experience for you. I would certainly try to find the tenants intent, work it out and tighten the lease for the next time. --108.4.xxx.xx
Lease end date (by plenty [MO]) Posted on: Feb 17, 2019 12:57 PM
I would call the tenant and say perhaps they noticed the incorrect date in the lease. I would ask them what their plans on and go with that. It sounds reasonable and as long as you are all on the same page, this late in the lease Id just roll with it. But yes get clarification on their moving dates and yes get 60 day notice. They seem like they want to do the right thing and are communicating. Just go with it. Dont try and be right or hold them hostage. You created the paperwork so at this point just go with their game plan to end. 60 day notice sure they can give 90 ... just flex with it and don't do that again! --99.203.xx.xxx
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