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Updated over 1 year ago,
Bait and Switch
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?