What can I do if my landlord won't honor the early termination of our lease? Posted on April 05, 2011

My husband and I have been in an apartment since July 1, 2008. Originally it was a 12 month lease. Since then, we have signed a new 12 month lease every July 1st, but it has had an early termination clause "60 days notice required to terminate lease." On April 1st, 2011, (this past Friday) we gave our 60 days notice because we need to move. (We just bought our first home and the closing is the end of May.) The landlord is now not honoring the 60 days notice. His interpretation of it is that the 60 days was to let him know if we weren't going to renew the lease in July. So, he's still expecting us to pay June rent. I think it is obvious and clear that the exact wording "60 days notice to terminate the lease" means exactly that 60 days to terminate, or bring to an end, the terms of the lease. IF he wanted it to be 60 days notice to tell him whether or not we would renew, meaning by May 1st, 2011, then that is exactly what he should have written. Meanwhile he's holding our $1400 deposit. Are we right? Do we have any recourse? Does the landlord have a leg to stand on?

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