AboutJim Avancena Expertise I am best qualified to answer any questions that involve commercial leases, the complexities and inter-relationships of the myriad provisions that a lease may contain, and explain how they commonly effect a landlord or tenant in their day-to-day business operation. I can explain most matters that will come up during of the full lease cycle from standard industry practices regarding the lease acquistion process, concerns related to remodeling/improving the leased premises, moving-in, subletting or assigning the leased space, and a long list of other problems that may come up during the lease term. I have practical experience with most property management issues and resolving landlord and tenant disputes. Note that I am not an attorney and cannot provide legal advice.
Experience Twenty-eight years active experience in the commercial real estate industry as a licensed real estate broker in the Washington DC Metro area(DC, Northern Virginia & Maryland). I have been admitted (approved) by the Maryland and DC courts to testify as an expert witness on the subjects of Commercial Leasing and Property Management in the area of standard industry practices. I have had a business for the last 14 years advising virtually every form of business entity from large national corporations to the smallest ma & pa new businesses regarding a wide range of commercial real estate matters in addition to property management and commercial leasing.
Organizations Currently my three children keep me so busy that it is difficult to find time to participate in organizations.
Publications I publish a local commercial real estate newsletter titled: "Tenants First". My firm was the subject of a high profile Washington Post business section cover page (2.25 page)feature story on January 13, 1993; "Overcharging Overhead".
Education/Credentials BA in Political Science from Memphis University, and five years of study in the real estate development summer program at MIT. I was certified as a commercial property manager (CPM-IREM), and currently hold a brokers license licensed in Maryland and the District of Columbia.
Awards and Honors Routine, the same plaques and honors that most others in my industry have earned, none that are significant.
Past/Present Clients Past clients include: The World Bank, George Washington University, National Association of Criminal Defense Attorneys, US Department of Commerce, The American Benefits Council, K-Mart Development, many law firms, a national union, other major organizations, and many, many small business firms and retail operators that I am most honored to serve. I estimate more than 1,500 firms/organizations.
Question Our one year lease in the state of Kentucky ended 7/31/09. The August payment due on the 1st (referring to for now as the month to month rent), was paid on the following first business day 8/3/09 along with a 30 day notification that we did not wish to renew our lease.
I'd like to know the correct amount of days needed for notification and if there is any specific timing as to when the notification is to be given in relation to payment due date.
I've read Kentucky literature that states when there has been:
--No lease (month to month), a written 30 day notice to terminate is needed.
--Holdover Tenancy (1 yr. lease has expired but the landlord has allowed tenant to remain on the premises, but obligated to make rent payments as required per original lease), a 10 day written notice is required.
Literature outside of Kentucky:
--The day the rent is due is the start of a lease month. 30 day notice must be given before the end of a rent month to take effect at the end of the next rent month.
Your help in clarifying which is accurate would be most helpful and appreciated.
Answer Brian-
I do not know the law in Kentucky, and in your case Kentucky law is the only law that applies regardless what is applicable in other states.
I can tell you that the common rule is that your notification must be given on the FIRST DAY (the 2nd or 3rd day don't count) of a month and affirmatively state that you will be terminating your occupancy on the last of the same month.
If you do not give your 30 day notice on the FIRST day of a month, then notice given on any day from the 2nd day through the last day of the month must state that your 30 Day Notice applies to the last day of the following month.
For example, if your give your 30 day notice on the 3rd day of August, your notice can only apply to the last day of September.
If you give your 30 day notice on the 29th day of August, your 30 day notice means your notice is effective on the last day of September.
Additionally, if you give your 30 day notice to terminate your lease on the 17th day of August the notice is only effective for the last day of September. Note that if you give your notice on the 17th day of August, even if you move out of your leased premises by the middle of September, you must still pay the monthly rent through the last day of September.
Remember, what I have explained above is how a 30 Day Notice usually works on a month-to-month lease basis. If the law in Kentucky does not function in the way I have described, it is the particulars of the Kentucky law that applies.
Please give me a follow-up question if you need this clarified or need to restate some aspect of you situation that I did not understand the way you intended.
