Legal Question in Real Estate Law in Kansas

My husband and I are moving out of a home this December but our lease doesn't end until May 2011. In our lease, it reads:

"At the end of the lease term, this Lease Agreement shall automatically continue on a month to month basis. The landlord or tenant may end this Lease Agreement by giving to the other 30 days prior written notice before the end of the Lease Agreement".

Doesn't this mean that we can end the lease by ginving the landlord 30 day notice, before May 2011?

Thanks!


Asked on 11/22/10, 2:00 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Basd upon the facts you have described, as long as you give notice by the end of MArch, yoru lease will not convert to a month-to-month agreement on May 1st. Although you are leaving very soon, you may owe rent til the end of April, or the unit is relet. You can argue that your reading is the correct on (can terminate with 30 day notice anytime) but it is uncertain whether the Judge will buy it. The wording the landlord chose for this lease it atypical, so you may prevail.

Good luck

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Answered on 11/27/10, 4:05 pm


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