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Law Pro
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Category: Real Estate Law
Satisfied Customers: 24870
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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I had a one year lease that expired June 1st. I was given a

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I had a one year lease that expired June 1st. I was given a new lease to sign that increased our payments $70 a month or $100 if we opted to go month to month.

So $1820 or $1850 respectively.

We never turned in the lease. We even got a notice asking us to sign it to 'lock in' our term, but still have not dropped off an executed extension of our current lease.

Due to the fact we are paying the new 'locked in rate' but have NOT executed a lease, by law, what are we considered? Month to month or annual?

Something came up and we might have to move out of the state and I am just getting prepared for whether or not they can come after me or keep my deposit. I would be giving 60 days notice for sure.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

What monthly rate are you paying - the $1820 for a lease?

But you haven't turned in an executed lease - correct?
Customer: replied 3 years ago.

Correct. We have been paying $1820 but did not execute the agreement.


Rent is due today. If we wrote them a check for $1850 and they deposited it, would that help my cause? We live in highly coveted area, it'll rent no problem, just wanna try to salvage my deposit and not get sued.

Since you haven't signed the lease nor paid the additional monies to go month-to-month their options are:

1) since you didn't sign the lease - the most they could sue you for is the $100 to go month to month.


2) that they accepted the $1850 doesn't do you any real good except that you did pay the month-to-month increase.

I would review the and make sure there isn't an automatic renewal therein. If there isn't - the most they hold you to is the month-to-month increase.

However, you both have to give each other 1 full month's notice that you are vacating. Failure to do that and they can hold you to another month's rent.

Yes, they do have a duty to mitigate their damages. But if there are multiple apartments that they are renting - they can rent the others first before yours and not be in violation of their duty to rent.

But, if your lease doesn't have an automatic renewal with notice provisions concerning such - then you are a month-to-month tenant because you didn't sign the lease.


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Customer: replied 3 years ago.

So regardless of what I am paying now ($1820), if there isn't an automatic renewal clause in the lease, I am legally on month to month and normal Landlord-Tenant law would apply and require typical notice of intent to vacate? I get that right?


 


 

That is correct. You have not signed the lease. As such, your are considered a tenancy at will. Tenancies at will are determined as to how ofter rent is paid.


Since you pay monthly - you are a month-to-month tenant (tenant at will).

Technically and legally you are a tenancy at sufferance or hold-over tenant:

tenancy at sufferance - is a "hold-over" tenancy after a lease has expired, but before the landlord has demanded that the tenant quit (vacate) the premises. During a tenancy at sufferance the tenant is bound by the terms of the lease (including payment of rent) which existed before it expired. The only difference between a "tenancy at sufferance" and a "tenancy at will" is that the latter was created by agreement.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer.. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

I wish you the best in the future.
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