Question:

So confused, lease terms.?

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Our lease is to be up on August 31st. However we have heard NOTHING from the landlord, even attempts to get in contact have failed. I have even sent a note to them but yet to be contacted. In our lease there says nothing about notices for either the tenant or landlord. But aren't landlords supposed to give atleast a 30 day notice of whether or not you can renew your lease? Or does it automatically go to a month to month type thing? I'm totally confused because I waited to get a notice on if we could renew the lease and nothing, and now it's less than what two weeks till the lease is up and nothing? What legally can happen. This is our first time ever renting and there's nothing in the lease only about terminating the lease but we're not doing that, so technically I don't know what's going on. Sorry if to confuse anyone..

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  1. At the termination of a written lease, the law in most states creates a continuing month to month tenancy under the same terms and conditions.

    You have not been given notice to the contrary, so plan upon staying. Check state laws to learn the amount of time required to give notice of lease termination. It is likely 30 days and written notice should be provided at the same address  your rent is delivered.

    Your landlord would be equally required to notify you of any intention to deny your continuing occupancy.

    Sit down...Relax....Do not start packing. If either you or the landlord want to make any changes, legal notice must be served upon the other.

    Good Luck


  2. In most states it defaults to month-to-month in that case.

  3. I would assume that after the lease is up, you are now on a month to month basis....I think that you still have an obligation to pay rent, but you no longer have a commitment to occupy and pay for the residence for any length of time after you leave, and he has no contract to expect any monies for rent if vacate.  Check to be sure the property you are residing in is not in forclosure, that is happening to alot of people now that are residing in other's investment properties.    

  4. Sorry about the mysterious landlord actions.  Usually, the

    landlord will inquire, within the last 30 days of the end of the lease-- as to the tenant's desire to extend the same lease into the next year===usually with a $x.-- monthly

    increase.

    PRESUMING you stated, "I would like to renew my lease for the

    same rate and 1 yr, may I come in tomorrow to sign?

    And you are correct; if no lease renewal is offered to you, you

    automatically go into a month to month tenancy at the same rate

    that you have been paying.

    SO, write again and very specifically state that you want to

    sign a new lease, per the above.


  5. I'm not confused, you are. If you carefully read the lease you will probably see that it automatically goes to a month to month with all clauses intact except for that.

    Both you and/or they must give thirty days written notice to end your tenancy. If you like the place I recommend asking for a year lease to lock the cost in.

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