Question: It states in my lease that the tenant, "In the event of 'the tenants' failure to give notice of 'the tenants' intention to terminate, 'the tenant' shall be liable for rent for another 30 day period. According to the apartment complex, this means that they can charge rent for an entire month after the lease expires. Is this truly legal?
Answer:
When a person signs a lease they are creating a legally binding contract between the soon to be landlord and tenant. Once the lease is signed it is now a contract and both the landlord and the tenant are bound by the terms of the lease.
It is common for a landlord to ask for a specific number of days notice before termination of a lease and to have penalties if they are not given the asked time. It is also common for a landlord to add a clause that allows the lease once the time period has ended for it to roll over into a month-to-month lease unless other notification is given.
September 03, 2008
Legal Services Corporation