Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 6 years ago on . Most recent reply

User Stats

215
Posts
42
Votes
Cliff T.
  • Rental Property Investor
  • San Francisco, CA
42
Votes |
215
Posts

Help understanding lease terms

Cliff T.
  • Rental Property Investor
  • San Francisco, CA
Posted

Hi all,

I'm hoping I can get some clarity with a lease that I've signed with my tenants. Their lease technically ends on Sep 30, 2018 and I was given verbal notice today that they will be leaving when their lease ends. The tenants are adamant that they are allowed to leave on Sep 30, while I believe their move-out should be on Oct 31, after factoring the 30-day notice which requires them to pay rent for the following month since we're already one week into September.

Here are the salient clauses in the contract that we signed. Based on the below, when are my tenants allowed to move out if they gave notice today?

Clause 1 TERMS: Resident agrees to pay in advance $XXX per month on the 1st day of each month. This agreement shall commence on Sep 1, 2017 and continue until Sep 30, 2018 as a leasehold. Thereafter it shall become a month-to-month tenancy. If Resident should move from the premises prior to the expiration of this time period, he shall be liable for all rent due until such time that the apartment is occupied by an Owner approved paying Resident and/or expiration of said time period, whichever period is shorter. 

Clause 17 TERMINATION: After expiration of the leasing period, this agreement is automatically renewed from month-to-month, but may be terminated by either party. The owner giving 60 day notice and the resident giving a 30-day written notice of intention to terminate. Where laws require "just cause" such just cause shall be so stated on said notice. 

Thanks in advance,

Cliff

Loading replies...