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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28043
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have lived in my apartment years. Every year I have signed

Customer Question

I have lived in my apartment for 5 years. Every year I have signed a 1 year lease for the next year. My landlord informed me this summer he and his wife were getting divorced and that they would be putting the property on the market, so they could not renew my lease for a year, and that I would be on a month to month basis. Unbeknownst to me, the divorce went through and I came home to a for sale sign on the front lawn. I had 2 failed attempts to contact my landlord about the situation so I found another place to live. I gave him 30 days notice. The terms of our previous lease required 60 days notice, but, that lease ran out at the end of last month. I have signed nothing since. Am I still required to give 60 days even if the terms of my living here have run out with no further action from my landlord? Am I officially squatting at this point?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good evening. If the lease expired and they advised you that it would not be renewed and you would become a month to month tenant, you would only need to provide them with a 30 day notice to vacate. The 60 days was a requirement if you were not going to renew, based upon what you shared above but since they already shared with you that was not going to happen, the 60 days would not be applicable. Even though there is a sale sign on the yard, it does not mean the home will sell tomorrow or you need to leave in a week. You are a month to month tenant and can stay as long as you pay rent when owed or if either party provides a 30 day notice to vacate. If you are not paying rent and remain after they ask you to leave,, you would then be holding over.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!