tenents rights to vacate without a lease

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dmcj101

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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
 
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
 
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
 


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
 
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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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