what is the legal argument in breach of breach of contract and defense against the enforceent of the automaticrenewal clause?
Many leases contain a provision that allows the lease to automatically renew for another term, or to renew on a month-to-month basis, unless either the landlord or the tenant gives prior notice that they will not renew. [ Note how many days' notice you will have to give the landlord if you do not wish to renew the lease. If you fail to give this notice in time, you could find your lease automatically renewed.
You should give the notice in writing and be sure that the landlord receives it on time. Send the notice by certified mail if you want to have proof that it was received on time.
An
automatic renewal provision in a lease must provide a space for the tenant to give written acknowledgment agreeing to the provision. If the landlord cannot show your signature, initials or witnessed mark acknowledging that provision, the landlord cannot enforce an automatic renewal of the lease.
Other leases do not have automatic renewal provisions, so you must sign a new lease if you wish to continue renting. source: ]
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Asked 1/8/2012 12:12:32 PM
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