Bait and Switch

[Karen Johnson]

Tenant lease ends 10/31. On 9/18, tenant advises they wish to go month-to-month via text. Month-to-month lease is sent to tenant but they do not sign. Today, 10/10, tenant advises they will not sign and want to move out at the end of the month (because reasons, doesn't matter). Original lease states 60 day notice is required for lease termination and if they terminate early then they are responsible for 2 months rent. Text saying they were switching to month to month was 43 days before lease term. Since they didn't sign month to month agreement, I consider the existing lease to still be in full effect. Am I correct in this logic? And so I can still require the 60 days of rent if they insist on moving out by 10/31?

[Karen Johnson]

Thank you all for your input. I went back and read my lease terms more carefully, as well as my post above. Agree that it is not an *early* termination (this was a misstatement in my earlier post).I agree that this is a normal lease expiration. The lease expires 10/31. It states 60 day notice required if they intend to vacate at the end of the lease term, and if notice is not given then they are responsible for 60 days of rent. There is neither an auto-renewal clause nor a month to month one. Rather, tenant is required to vacate at the end of the term. I have historically auto-renewed term but I am using a new lease. Thank you for the direction to re-read it. I further think my lease needs review (both by me and by my lawyer) for future tenancies. I am not sure the 60-day notice to vacate clause would hold up in court if there is no provision for anything other than a lease termination at the end of the term.