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David L
David L, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3255
Experience:  Attorney licensed in multiple jurisdictions since 1997.
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A Property Manager tells me that due to a break in to my

Customer Question

A Property Manager tells me that due to a break in to my apartment when my lease expires I can go month to month at the current rate that I am at and then when I want to vacate I only need give 30 days notice. I made him write this down and sign it in front of an associate of his at the office. This Manager then leaves his position and the new Property Manager takes over and then informs me by notice that there is no such agreement in my file and I need to pay the increased rate. I have the written statement outlining the arrangement. Can they do that? I was advised by their staff to do all of this and then they are saying they can change the rules.....please advise
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  David L replied 6 months ago.
Hi and thanks for asking your question. My name is ***** ***** I will be assisting you. By law, once your lease expired, your tenancy would be considered month-to-month, regardless of the deal they made. That means that either you or the landlord would be able to terminate your tenancy arrangement with the 30 days' notice. Without a new lease, it would be hard to enforce any agreement beIyond one month. In your case, without a new lease, the landlord can probably just give you 30 days' notice and ask you to leave. You have the same freedom to leave by giving the same notice. If they are unwilling to accept the same rent as before, then you probably have to enter into a new lease agreement or move to another place. Depending on the local rental market, they may be willing to give you a new lease at your existing rate, since I'm assuming they want to keep the apartment rented. If you approach them by letting them know that you most likely would have to move, perhaps they will negotiate with you for a new lease at the old rate. Otherwise, either party does have the right to give 30 days' notice and the tenancy would be terminated.

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