我的疑惑是明明合同是一年並且標明終止日期，為什麽還要提前通知，還有我7月15日walkin是口頭通知還是算written或是事實上的通知，我收到信讓我再交8月一個月的房租，再加上deposit, 這應該是2個月的房租。
我在網上搜到相同的情況：
I am a tenant living in an apartment. I have a year long lease going from August 1, 2013 - July 31, 2014, but my lease also says that 60 days' notice is required to end the lease. I want to leave on July 31, but my landlord says I had to give 60 days' notice to end the lease when it says, on July 31. What should I do?
下麵是部分解釋：
Here are the components of this question:
- a lease with a term (ie, a year long lease, a 9 month lease, any defined period of time), where beginning dates and end dates on the lease are written down, AND
- a requirement to give notice to end the lease (could be 60 days, 1 month, 30 days, 45 days, 90 days)
What's the deal? Are those legal? If the lease a defined period of time, doesn't it end when it says it ends? For everyone involved, this can get pretty confusing. Explanations, with tips for landlords and tenants, below.
1. Contract Law Issues: Leases are contracts, and so are subject to interpretation under contract law. Contract law is tricky. Whereas tenant-landlord law is moderately straightforward (relevant laws are available on WI Legislative Documents website), contract law has hundreds of years of precedent set over hundreds of years of arguing.*
On our current topic, contract law comes to a head in regards to this question: what happens when a contract conflicts with itself? In our situation, there is a specified end date on a contract (in our example, July 31, 2014 is very clearly the last date on the lease), but there is also a requirement that that the tenant give notice to actually end it on the end date (in our example, 60 days' notice). So does that mean that the end date isn't really an end date? Does it mean that both things are true? What happens when the notice isn't given? An easy Google search reveals a couple relevant contract law topics:
- Contra Proferentem: As Wikipedia reveals to us, when there is a conflict in the lease provisions, especially where there is unequal power in the people agreeing to the contract (landlord offers; tenant either accepts or rejects and rarely changes), then preference is given to the person who did not write/offer the agreement. So, contra proferentem would favor the tenant's interpretation of the conflicting provisions over the landlord's interpretation.
- A Mutual Mistake: Where two parties hold a different understanding of the terms of a contract, it is possible that the contract may be void as a result of the mutual misunderstanding. However, if it is possible to interpret the contract so as to reasonably do both, it is not voided. Wikipedia reference again. Therefore, a mutual mistake where both interpretations can occur, seems reasonably possible.
這上麵的解釋有道理嗎？
還有我查了New Jersey的相關租房法規， 是讓提前1個月通知，otherwise after the end of the lease date, the yearly lease will automatically turn into month-to-month lease. 我簽的這個lease, 與上麵法規有不同，哪一個更具法律效應？
