Fixed term lease

We have a fixed term apartment lease which automatically converts to a month to month lease at the end of the fixed term. The fixed term is scheduled to expire on August 31, 2007. According to the lease, while on a month to month basis, we are required to give 28 days notice prior to vacating the unit. I contacted the landlord on July 26 to ask his intentions for the unit. He contacted me on August 15 to let me know we could stay in the unit, but there would be an increase in rent. We looked for other places and I informed him on August 18 that we would be vacating on August 31. He now states that we did not give him sufficient 28 day notice and we will be required to pay the full September rent. There is a special term in the lease which states "After August 31, 2007, this fixed lease is to convert to a month-to-month tenancy agreement." Our understanding of this was if we vacated by August 31, we would not enter into a month to month tenancy agreement and would, therefore, not be required to submit 28 days notice. We thought only if we stayed until September 1 or beyond would we be required to submit that notice. Are we correct in our understanding that since our fixed term ends on August 31, if we vacate by then we have not entered a month to month and aren't required to give the 28 day notice? Thank you.

[OHlandlord]

I am sorry but you are not correct. You need to give the LL appropriate notice to vacate. Since you only notified him of your intention to vacate on August 18th, that you would be leaving on August 31, that is not the required 28 days notice. You will need to pay him for the next month (if your state is a term state) or for 15 days of Septemeber (if a literal day state) of rent. Had you notified him at the beginning of August, you would have given him appropriate notice.

However, since the lease converts to a m2m, the LL also has to give appropriate notice to change the terms of the agreement. When this changes over, it continues under the same terms except that the term (length) of the agreement is one month instead of 6 or 12 months. You would need to let me know the state or look in your state law to see how much notice he needs to give you to change the amount of your rent. Since he only notified you of the change on August 15th, there were only 16 days left in the month. That may or may not be sufficient notice to change the terms of your agreement. [If your state is a literal day state, the notice takes effect immediately and you must count the required days of prior notice he is required to give from that day forward). If your state is a term state, he needs to give this notice prior to the next rent due (beginning of the next term) and it would not take effect until the following month.] If it is not enough notice, he cannot increase your rent within that time and must wait until the next month to impose his rent increase.

Does the lease say what to do if you are leaving at the end of the term? Do you have to tell him you are leaving before the end of the term? What does it say?

The lease only states that a notice must be given if on a M2M rental agreement. It does not state in the lease that a notice must be given for a fixed rental agreement. We also researched the hawaii tentant landlord handbook and found that for fixed rental agreements the tenant and the landlord are not required to issue a vacancy notice. That is why we are confused. It seems as if the information is in our favor,however, the landlord is adamant about the 28 day notice.

[OHlandlord]

The problem is that your fixed term lease *automatically* converts to a m2m agreement. Since it will automatically continue in some form and not end, and you knew it would do so, you may have had some responsibility to give this notice to show your intent not to allow it to convert. Had your lease not converted automatically, but merely ended if you failed to renew, you may not have had to give any notice. You should check further into your state laws for info on automatic conversions to m2m.