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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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I am a tenant. My lease expired 7/31/16. I paid rent 8/1/16

Customer Question

I am a tenant. My lease expired 7/31/16. I paid rent 8/1/16 without a lease signed for the month of August. My landlords informed me they would be raising the rent. I gave notice that I was planning on moving, but it was only a 24-day notice. It does not say anywhere in my lease that a month-to-month lease starts once the lease is expired. Will I have to pay rent for the month of September still? And if I do have to pay, would it be the old cost of rent or the new cost, even though I never signed a lease agreeing to the raise in rent?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.

Hello and welcome to JustAnswer. My name is ***** ***** I am an attorney who will try my very best to help with your situation or get you to someone who can. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site.

Sorry you are dealing with this situation. By law when a lease expires at the end of the term, the tenancy becomes a month-to-month tenancy. What this means is you have to provide notice that you are vacating. That is 28 days notice to vacate the premises. However, the landlord must provide you as the tenant 28 days notice before increasing rent. Both notices must be in writing.

Therefore, if a tenant gives a 28 day notice to vacate, then the current rent rate will remain in affect. You should be able to stay in the residence for at the same rent rate provided you did not receive 28 day notice. The rent would be prorated for the time in September but should be at your current rate.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.

Expert:  J. Warren replied 1 year ago.

Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).