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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23976
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Can a rental house/property lease contain a automatic 1 year

Customer Question

Can a rental house/property lease contain a automatic 1 year renew if tenant does not inform landlord of plans to move? The 2 year lease expired 2/1/16. On 1/21/16, I informed them of my plans to sometime probably in April or so. Asked could I do a month to month not recalling anything about a automatic renew on the rental lease. At that point they texted back saying they would get back with on a date and time to meet in person to discuss. Wasn't until 2/12/16 that they finally get back with me about meeting on 2/14/16, I wasn't able to so they stated they woyld get back with me. Still no mention of a renew clause on the lease. I texted them on 3/12/16 stating mid-April may be when I plan to move. Then at that point I was reminded of the renew clause and that I would be breaking my lease. Anyhow, I have seen automatic renews for things such an mail order subscriptions of magazines and things like that.
Submitted: 7 months ago.
Category: Legal
Expert:  LegalKnowledge replied 7 months ago.
Good morning. Yes, a lease can contain an automatic renewal clause if a party fails to give to required notice to vacate, at the end of the lease term. However, if you advised them of this outside of the time when the notice needed to be given and they failed to act in good faith and discuss this and it then ran past the time and it would autotmcag renew you could have a defense to raise since there were ongoing negotiations.
Customer: replied 7 months ago.
Landlord stated that I needed to inform them of my plans in writing and the needed to receive it 30 days prior to my lease expiring, which would have been 1/1/16. I texted them on 4/1/16 asking them how the plans were going in regards ***** ***** that the house was available for rental. They put signs out about 4 days later. I did accommodate all their requests to have the house available for them to show the house to possible tenants. Even gave them freedom to book days ahead when they spoke to people interested in going through the house as long. Anyhow they have rented the home already for this month! Can they still withhold my deposit?
Expert:  LegalKnowledge replied 7 months ago.
The deposit needs to be applied to any damages and/or unpaid rent at the end of the lease. If you have continued to pay the rent and will until the new tenant takes possession it would be hard for them to show any damages outside of the cost in advertising or if they had to pay a realtor fee
Expert:  LegalKnowledge replied 7 months ago.
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