Google Search

TenantNet Forum Archives 1996-2002
Posting and Replies are disabled in all Archives
TenantNet Forum | TenantNet Forum Archives Index


Do a tenant need to give 30 days notice to terminate a fixed term lease?

Posted by BJL on August 23, 2001 at 08:55:11:

I rented an apartment in Massachusetts with a fixed term lease for one year termianting on August 31, 2001.
Yesterday I heard from landrord (a LLC) that (1) I
had a duty to give thirty (30) day prior notice to
terminate the lease,
(2) Because I did not give the company 30 days notice,
I am legally liable to pay at least the rent for
September if they do find a new lessee,
(3) I should pay the rent for August even though I
already paid last month's rent at the beginning of
this lease or they will not return the security
deposit as a forfeit for my asserted breach, and
(4) Such asserted duty of me to notice is provided
under Mass Law and Section 9 (Eminent Domain) and
Section 25 of this lease agreement (standard form of
RHA for fixed term lease)
What I have learned and researched is that by
definition, fixed term lease automatically terminates
on the termination date stipulated in the agreement
and there is no need of notice to terminate fixed term
lease. And I have some doubt that the landrord could
have some wrongful gain from other tenants by
withholding security deposit by such assertion.
However I am planned to move to other state on Aug 31,
2001 and hope to resolve this problem before the time.
What I wish to be advised is;
(1) whether thers is notice requirement to terminate
fixed term lease, and
(2) effective method to resolve this problem
(quickly).
Thank you.

Follow Ups:



Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 
Comments: Optional Link URL: Link Title: Optional Image URL:


   

TenantNet Home | TenantNet Forum | New York Tenant Information | Contact Us
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws |

Subscribe to our Mailing List!
Your Email      Full Name