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Ask MIAMILAW1127 Your Own Question
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My son signed a one year lease in an apt. complex. At the

Customer Question

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: 12 months ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 12 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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The short answer is no. He is now a month to month tenant and only has to give 30 days notice prior to moving out, but he is not bound by the year lease.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 12 months ago.
How do I tell the landlord that we are not going to pay for 2 months rent or the month to month (extra $100 per month) since June to move out. Do I need a lawyer's letter?
Customer: replied 12 months ago.
How do I fight this?
Customer: replied 12 months ago.
Where can I look to find the law on this?