Search Q&A
giving notice to move out of rental
Hi, I've read several questions and answers on your website regarding breaking a rental contract, but I haven't found any that apply to my situation. I have lived in my apartment for almost 4 years, beginning with a 3-year contract which rolled over automatically to a 9-year one. My question is this: I have found another place which I want to take immediately--can I give my present landlord only a one-month notice without penalty? In other words, can I get back my 2-month guarantee? The confusion arises because in one place the law seems to say that one must give at least a 3-month notice, but after 3 years there's no penalty, while in another place it states that one doesn't have to give any notice. This seems completely contradictory! After all, what's the point of requiring a 3-month notice if there's no penalty? What's the real situation?
'One must give at least a 3-month notice, but after 3 years there's no penalty' is correct but it should also say that there is no EXTRA penalty for leaving early. In other words, if you want to leave immediately you will have to give 3 months notice and pay rent for those 3 months though you are free to move out whenever you choose. AND be aware that your landlord has to have your notice by 31 May or you are stuck with paying rent until 30 September.
Also, discuss the situation with your potential new landlord. He will know that you have to give notice at your current address and should be prepared to come to some arrangement over when you start paying rent to him/move in.
You are mixing up two things. To break a rental contract, you always have to give notice of three full calendar months; i.e. if you give notice by end of May, your lease will continue until end of August.
In addition, IF you give notice during the first three years of a nine-year lease, in addition to the notice of three months, you also must pay a penalty equivalent to three, two or one month of rent for breaking the lease early. However this of course does not apply to you, as you are in the fourth year of the lease.
N.B. if it should be that your landlord for some reason has neglected to register the lease, you can leave at any moment and there's not notice period.
The normal notice period is three clear calendar months (i.e. if your landlord is actually in possession of your notice by the end of Wednesday - and you have proof of that) your lease will determine at the end of August.
There is an outside chance that your contract states that a lesser period of notice is necessary (it can't be longer than three calendar months) so do read your contract, but that is likely to either state three months or be indeterminate (in which case it will be three months by default).
As has been said, if your landlord was so stupid (or lazy) as to fail to register the lease, you can leave tomorrow without penalty.
Sorry, off topic a bit:
How do I know if the owner has registered the lease? I haven't received any kind of official noticification.
