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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 2869
Experience:  30 years of experience.
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Second opinion] - My son signed a one year lease in an apt.

Customer Question

Second opinion] - My son signed a one year lease in an apt. complex. At the end of the lease he was not asked to sign another lease. It has been a year and a half with no lease. The landlord called last month, asked if he planned to stay another year - he said yes on the phone and she put a lease on his door to sign and return. He has not signed this lease. Meanwhile he found a house to rent and put a down payment on the house. Is he still bound by the original lease?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Kentucky
JA: Has any paperwork been filed?
Customer: Not since the first lease that was for one year - it has been two and a half years total that he has lived there.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The landlord wants him to pay two months rent and an extra $100.00 per month since June stating the rent should have been increased to month to month - nothing was ever mentioned by the landlord about a month to month lease.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 1 month ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 1 month ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

When a lease expires it automatically becomes a Month to Month Lease. Which means that either party can end the lease with 30 days notice.

The remaining terms of the original lease - regarding rent - continue forward. Look at your son's original lease and see if it says anything about hold over and month to month terms.

If it is silent the rent stays the same unless and until the landlord provides a written notice. If no written notice was given regarding a rent increase your son does NOT owe any additional money for past rent.

If your son plans to move out he can do so. He needs to provide 30 days notice prior to the next rent due date.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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