I don't understand this paragraph in the lease. Can someone explain it to me?

[diabeticman]

Term:

The term hereof commence in ________ until the last day of.________

Either shall terminate the same by giving the other party 30 days written notice delivered by certified mail, provided that the Tenant agrees not to terminate prior to the expiration of One (1) month.


I will admit I am stupid I expect to be told so. I just want to know if this means my wife and I can move out early?

[winter is coming]

1. To me, it looks like 1) if you've been there at least a month

and 2) you give 30 days notice via certified mail, you can move out before the end of the lease.

[morningfog]

2. Yes, agree with above poster. As long as you give a 30 day notice, by certified mail, you can

terminate the lease. Based solely on the clause you provided.

[Uncle Joe]

3. That's a poorly written paragraph it should be crystal clear that you can give a 30 day written

notice prior to the expiration of your lease.

As it's written that could be an annual lease that can be broken by either party after only living there for 1 month.

If you want an annual lease that should be spelled out clearly and it shouldn't make any difference to the lessor if you give him 45 days notice so long as you stay there for the term of your lease.

Thanks for the thread, diabeticman.

[FoxNewsSucks]

4. That's what it looks like to me, too

You agree to stay at least one month, then can give notice. So your minimum time could be 2 months.

[Recursion]

5. You have to stay there for 2 months

After 1 month, you can if you want break the lease, but you have to give the landlord 30 days notice, so that's another month basically.

[Sedona]

6. I'd have to see the rest of the lease

but be careful of the notice required. Many leases require notice 30 days PRIOR to the due date of the NEXT month's rent.


If your rent is due on the 1st of the month and you want to leave anytime in November you need to give notice BEFORE Oct 1. Leaving any time in December? Give notice BEFORE Nov 1 and so on.

Looks like you need to stay at lease one month before giving notice.

I'm a licensed real estate broker and property manager.

PM me and I'll look over the lease for you.

[Callmecrazy]

7. That's how I read it too.

You have to stay at least thirty days and must give thirty days notice via certified mail to break the lease.
Technically you could give notice on the day you move in and leave after the first month.
It's definitely in your favor.

[Uncle Joe]

10. Unless the OP wants to stay there for the full term of the lease and the lessor doesn't want him/her

to.

[diabeticman]

8. Thank you all for your help.

[SheilaT]

9. I'm going to suggest that you also ask

your new landlord what he means.

It's possible that what is intended is the lease last for a year, but is trying to clarify the 30 day notice to terminate.

I'm not an attorney, nor am I terribly savvy about leases (others here do seem to know much more) but I'd like to see you attempt to clarify what is actually meant, and then having that paragraph re-written so it is in clear language.

[1StrongBlackMan]

11. As many have stated ...

You must stay at least one (1) month of the lease period, afterwhich you can terminate the lease with 30 days notice delivered by Certified Mail.

As the real estate guy/gal stated:

If your rent is due on the 1st of the month and you want to leave anytime in November you need to give notice BEFORE Oct 1. Leaving any time in December? Give notice BEFORE Nov 1 and so on.

But two things ... first, pay attention to the blank terms:

The term hereof commence in ________ until the last day of.________

Not having that section completed, I cannot tell if it is a month to month lease, or what. Different states have different rules governing month to month leases versus longer term leases.

Secondly, take notice ... the second term allows you to terminate the lease with 30 days notice; but it also allows the landlord to terminate with the same notice.

If you have other options, I would look else where ... it appears to be a cobbled together lease by someone that either doesn't know much about contracts, or worst, wants to be able to break the lease for whatever reason.

[diabeticman]

12. Basically it was Jan 1st 2013 to Dec 1 2013. My wife requested I leave them blank

She is scared the landlord might be on the forum and kick us out.

[winter is coming]

13. I'd take Sedona up on the offer to look over your lease.

IIRC, you've been having problems with this landlord, so I'd be doubly cautious.

[diabeticman]

14. We are and we are going to be VERY cautious about finding a place.