Legal Question in Real Estate Law in Utah

We rented an apartment under a month-to-month lease, and were told that we could leave without penalty after 30 days notice and assistance with finding a new tenant. Now the lessee is telling us that we are responsible to pay rent until the contract is filled. (One sentence in the contract is worded this way.) However, another sentence states that if you leave before the contract is filled, you simply forfeit your security deposit. Our interpretation is that a month to month lease means that both you and the landlord can end the contract at any time (with the proper one month's notice). How can a landlord hold the tenant responsible to pay longer? If the contract is never filled, then potentially, we will be responsible to pay the rent in an "endless" lease cycle!


Asked on 1/22/14, 5:49 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Give the notice, then leave under the terms of the contract. If you get sued, show up in court with a copy of the contract and explain to the judge. Keep records of the notice and your payment record.

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Answered on 1/22/14, 9:40 pm


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