Do I need to re-sign an intent to vacate?
Question Details: I am a resident of DE. My current lease runs out at the end of this month. As per my current lease terms, I am supposed to provide an intent to vacate 60 days prior to end of the lease. I shared my 2 BHK apartment with another person and we both signed the intent to vacate and handed it over on at the end of the month before last. I wasn't expecting to stay here in DE. My roommate found another apartment and moved out. However, by last month things changed and I landed a new job here in DE. I went and verbally spoke with my leasing office and told them that I would like to extend the lease hoping that I would be able to find a new roommate by the end of this month to share the rent with. I did not sign any paper or new lease agreement. However, now as my current lease end is approaching, I haven't been able to find a roommate and have found another cheaper place elsewhere as I cannot afford the rent for the apartment all by myself. So when I contacted my leasing office saying that I will be moving out, they asked me to sign a new intent to vacate with a 2 month notice period. This means that I am liable for rent for next month and 8 days of the month after that. Is this legally valid ? Should I sign the new intent to vacate and stay till the 8th of May or am I legally allowed to move out at the end of this month without any liability?
If you did not sign any new lease, lease extension, etc., then your oral (that is the correct term for unwritten, not "verbal") discussions with the landlord prior to the end of your current lease term did not extend the term or create a new tenancy: the oral discussions about potentially extending, done while you still had the right to be there anyway (before the lease expired), do not change anything. Therefore, you should be able to move out at the end of your present term (the end of this month) pursuant to the written intent to vacate you already signed. Make sure you do leave before April 1; if you are still there in April, even without signing anything, you created a new month to month tenancy and would have to provide a month's notice to vacate (i.e. would be liable for at least another month of rent).