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tenents rights to vacate without a lease

Discussion in 'Commercial Landlord & Tenant Issues' started by dmcj101, Oct 14, 2014.

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  1. dmcj101

    dmcj101 Law Topic Starter New Member

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    my question is lease expired May of 2014 new one was never issued or signed been at the location for almost 5 years asked for a favor of may be lowering our rent because of financial/personal issues they said no. so as a tenant do I have the right to vacate with a 15 day notice because of financial and personal issues
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    Where are you getting 15 day notice time frame? Unless your lease automatically renews you are on month to month agreement and can leave once you give proper notice per your state guidlines
     
  3. fredrikklaw

    fredrikklaw Moderator

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    60 not 15!

    DMCJ . . .

    The type of lease that you had and which expired in May of 2014 is called Tenancy for Years. When such a lease expires by its own terms and the tenant remains at the property, he becomes a Holdover Tenant in a Tenancy at Sufferance situation and may even legally be a trespasser until the landlord acts to eject him.

    Some jurisdictions impose an irrevocable election whereby the landlord treats the holdover tenant as either a trespasser or a tenant at sufferance. While the first option is obvious and self-explanatory in nature, quality and result, the election of the latter option creates a month-to-month (periodic tenancy) tenancy which is what you have now.

    The termination of a month-to-month tenancy requires a 30-Day notice from either side if tenancy has been for less than 1 year, or a 60-Day notice if tenancy has been for over a year. So, if you want to terminate the tenancy and vacate the property, then you HAVE TO give your landlord a proper 60 day notice.

    fredrikklaw
     
  4. army judge

    army judge Super Moderator

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    DMCJ, here is what your state's (New Mexico) bar association has to say about ending your current predicament.


    To end a month-to-month tenancy, the landlord or the tenant must give

    30-days advance notice at the beginning of the next rental period.

    Similarly, seven-days advance notice is necessary to end a week-to-week tenancy.

    A written, fixed-term rental agreement may or may not require giving notice before the termination date.



    http://www.nmbar.org/Public/publicpubs/landlordtenantrelations.html
     
    Last edited: Oct 14, 2014
  5. mightymoose

    mightymoose Moderator

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    I believe the 60 day notice is only when the landlord intends to end the tenancy. The tenant only has to give 30 days notice.
    I'm not sure I've ever heard a situation where a tenant had to give more than 30 days.
     

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