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Updated about 6 years ago on . Most recent reply

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Peace Lily
  • Bridgeport, CT
19
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116
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End of Lease term - 90 days - Tenant challenged this clause

Peace Lily
  • Bridgeport, CT
Posted

Dear BP members - on my lease with the below clause, it says 90 days notice. I explained to him that it works both way - meaning that landlord will have to give the notice to tenants 90 days notice if not renewing the lease. Tenant asked me to put this on the lease. How would you deal with this kind of situation?  Thank you!

"End of Lease Term. If you plan to vacate the Apartment at the end of your Lease, a minimum of 90 days notice is required by the Tenant to the Landlord. At the end of the Lease term, if I fail to vacate the apartment, you may use the legal process to remove me. In the event you accept rent for any period after the end of the lease term, then I shall be deemed a holdover Tenant and my tenancy shall be month to month with monthly rent at the current rate. In the event I am a holdover tenant, the terms of this lease shall apply." 

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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
3,860
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2,465
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied

The worse thing you can do is allow a tenant to debate the terms of the lease with you.  They do not have the greater risk nor do they have to live with loss of income should it take 90 days to find a new tenant.  I would recommend telling her that you appreciate her input but the standard notice for your properties is 90 days.  (And, then stop).  You don't need to sell it, you don't need to explain it, you don't need to discuss their options.  If it's 90 days, it's 90 days.  

You can find another tenant at the end of her lease - but having a tenant who is quoting "standards" and debating your terms is simply not worth it.  

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