Change in lease?

Question

It is time for me to sign a new lease (renewed yearly). I am currently looking to buy a house and will buy as soon as I find one we like. Hopefully very soon! The lease is due and I don't want to sign it because then if I break it I will have to pay for the remaining months.

What options do I have?

This is what I was thinking:

- can I include a clause in a lease saying I will be allowed to break the lease without paying for the remaining months if I give 3 months advance notice?

- can I go to month-to-month, legally?

Answer 1

You should be able to re-new your lease to a month to month basis, and yes this is legal!!.

You also can take a 3 months or a 6 months lease instead of a full year lease...

If you end up buying a house while still renting, then you are in the right to break your rental lease, but your bank-loan may end up having to pay for the full amount of time that you are suppose to be renting there, to fulfill your rental obligation!!.

Or, there is the Delinquency option, where you can't pay the remainder, and they have then the right to Evict you, and force you to leave the property.

They might opt for to take you to small claims court though for the remainder of what you owe!!.

Either way...Good Luck, and I hope that you find the home of your dreams!!.

Answer 2

First, check your present lease and see if it has a clause allowing you to go month-to-month.  If so, go that route - it will give you more options.

If not, you can try to add an early out clause, maybe

"Upon provision of three months advance notice, lessee reserves the right to terminate this agreement with no further liability for either party."  Remember that this is a negotiation, so be polite :)

Answer 3

Where are you located.  Different states and even cities have rules that apply to what landlords can do.

I managed property in LA about 10 years ago, and I believe tenants had the right to go month-to-month after the initial lease expired.  It was a long time ago so I'm a little fuzzy about the rule.  But usually your city will have a tenants right board or hotline that could tell you.

It's not in the landlord's best interest to tell you so look for an independent source for the info.

Good luck

Answer 4

It depends upon your landlord.  He may not give you an option for a longer lease!  If not, then you either have to sign it as it is or move out now.

However, your landlord may indeed allow you to sign a month-to-month lease... possibly at a slightly higher rate per month.

So yes, you can go month-to-month legally if it's okay with your landlord.  He/she has the final say.  It's not up to you.

Answer 5

You should talk to your landlord if you've been a good tenant they might just allow the month to month without doing a lease agreement.  I would tell them of your intentions.  

as for can you go month to month legally.  yes your landlord just has to allow it some will do the one year lease so they dont have to deal with people who move in then out within a couple of months usually after their year is up they just go month to month.  I wish you the best.

Answer 6

Your only real option is to speak with the landlord and see what they will agree to.

You can attempt to add a clause allowing a 3 month notice to break the lease, but the landlord has no legal obligation to sign off on it, so it would not be valid.

You can go month to month if the landlord allows it. The landlord can insist on a fixed term lese or give you notice to vacate.

It's all up to the landlord.