A tenant and landlord executed a TAR Residential Lease (TAR 2001). In Paragraph 4A, Box 2 was checked requiring either party to give 60 days’ notice to terminate the lease. In Paragraph 4B, Box 2 was checked requiring at least 30 days’ notice if the lease renewed on a month-to-month basis. The lease automatically renewed on a month-to-month basis because neither party provided 60 days’ notice of termination as required by Paragraph 4A. The tenant now wants to terminate the lease, but the landlord is requiring the tenant to give 60 days’ notice to terminate. Can the landlord require the tenant to give 60 days’ notice now that the lease is on a month-to-month basis?

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  • A tenant and landlord executed a TAR Residential Lease (TAR 2001). In Paragraph 4A, Box 2 was checked requiring either party to give 60 days’ notice to terminate the lease. In Paragraph 4B, Box 2 was checked requiring at least 30 days’ notice if the lease renewed on a month-to-month basis. The lease automatically renewed on a month-to-month basis because neither party provided 60 days’ notice of termination as required by Paragraph 4A. The tenant now wants to terminate the lease, but the landlord is requiring the tenant to give 60 days’ notice to terminate. Can the landlord require the tenant to give 60 days’ notice now that the lease is on a month-to-month basis?

No. Under Paragraph 4B(2), the tenant is only required to provide 30 days’ notice.

Source: TAR

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