WA Terminating car bay lease and definition of 'calendar month'

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16 March 2020
Hello, I lease a car bay for $400 a month which I have just given notice to terminate on March 16.

The agreement says 'This agreement may be terminated by one full calendar month’s written notice given by the Licensee to the Licensor'. I have already paid up until the end of this month and have offer to pay a further $200 for a half-month but the licensor is arguing I need to pay all of April as that is the calendar month. I would've thought it meant a month from termination.

Licensor: "One full calendar months’ notice is required therefore rent is required until the end of April."

Can anyone shed any light on who is in the right? Thank you

Rob Legat - SBPL

LawTap Verified
16 February 2017
Gold Coast, Queensland
Hard to say without looking at the full context to the agreement, but generally a calendar month is considered to be from the first of a particular month until its end (i.e. 28th, 29th, 30th or 31st depending on the month in question). So there's an argument that the notice could be considered to be the balance of the current month you're in, plus one full calendar month - that is until the end of April.

In terms of context, if the lease month (being the period you pay) is tied to the calendar month - which it could be based on what you've said - then the above interpretation could be likely. However, if you paid on the 16th of the month for example, it may be less likely to be the case.