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Updated almost 6 years ago,

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Confusing Lease End Date

Posted

The lease my tenants signed says:

Commencement date - April 28, 2018

Term - A period of 12 months commencing on the Commencement Date and ending at 12 PM on 3/31/2019

Termination - Tenant must provide Landlord at least 60 days written notice... Failure to provide timely notice of intent to terminate this Lease may subject Tenant to liability or additional Rent...

The renter paid a pro-rated rent for the last 3 days of April and May was his 1st full month.

I believe both the tenant and I were interpreting the lease as 12 months starting on April 28th, 2018 and going through April 2019.  And that we were pro-rating before the 12 months of the lease started... not pro-rating within the first month.  It says the 12 months starts on the Commencement Date which is April 28.  So 12 months after that takes you through April 2019.

I believe my tenant also expects the lease to end at April 28th because he e-mailed me asking of Feb 28th was the cutoff day for the 60 day notice.

My question is this... can I legally expect my tenant to pay rent through April?  Or can they give me notice before March starts and move out before the end of March?  If they gave me notice now and moved out in March, that wouldn't be the 60 days notice listed in the Termination condition.  So can I use that as a basis to force April's rent?

The lease has a holdover clause where it goes to month-to-month with 30 days notice.  So if the lease truly ends on March 31st and they don't give me 60 days notice before that, does the holdover go into effect for April?

Thanks,

Sal

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