Gave move out notice a day late than specified on the the lease...What do I do?

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My year long lease expires on July 31st. The lease specifies a 30 day move out notice is required otherwise the lease will continue. I gave the notice on July 2nd, which is about 29 days from my move out date. My roommate and I had previously mentioned our disinterest to our landlord in continuing the lease and he started showing the apartment to prospective tenants. So we assumed that we had an understanding. The landlord is not buying it, he has said that he will take this to the court and let them decide. I do not want to get involved in legal hassles. Do I have a way out? Days specified on the lease- 30 days Move out date- July 31st Notice given- July 2nd

Attorney Answer

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Michael T. FarleyDUI / DWI AttorneyNewport, RI ·
Based upon the facts you've given, if the landlord was listing or showing the property ON OR BEFORE July 1st, then perhaps you can prove that he had constructive notice of your intention to move out. I would send him a letter confirming the fact that he had notice of your intention to leave and had taken steps to show the property prior to July 2. I would like to see the language of the lease to ensure that it complies with PA law. Note also that your landlord has a duty to mitigate his damages. This means that even if you abandon the property, he must try to rent it out. Good Luck.
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