Results 1 to 4 of 4
  1. #1
    Join Date
    Dec 2004
    Location
    USA
    Posts
    2

    Default Renewal of Lease question - Language confusing

    My lease is to be ending soon and I am not 100% sure if I have to sign another lease or if I am considered a month-to-month tenant. The landlord is making some people sign new leases and others not. To some of us they are stating that they are required to do so and our lease states that our lease must be renewed, to others they are saying no such thing to.

    Could someone please read the following and tell me their opinion of the matter, thanks.

    18. Holdover Tenancy
    It is agreed that if after the expiration of this lease, whith permission of Management, Resident(s) shall remain in possession of the Premises, then rental shall be monthly payable in advance, in an amount established by the Management not less than 10 days before the commencement of any monthly period. Any increase in rent shall not abrogate the continued effectiveness of the remaining terms hereof. Continued possession shall not be deemed a renewal of this lease for the whole term or any part thereof, but that the Resident(s) shall be regarded as a Resident(s) from month to month, subject, however, to all other terms of this lease including termination of said month-to-month tenancy as provided in paragraph #18 below. (yes it says 18 not 19)

    19. Thirty Day Written Notice to Vacate
    Unless another Lease is signed by the parties hereto or unless unless written notice of termination is given by either party thirty days before expiration of this Lease, this lease shall be automatically renewed on a month-to-month basis which shall require thirty days' written notice to vacate. Resident(s) agrees to give notice on a form supplied by Management. The Resident(s) is responsible for rent payment during the thirty day notice period.

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Tenancy

    Those terms would seemingly make the tenancy a month-to-month tenancy upon the expiration of the initial lease term, subject to a possible rent increase. However if the landlord wants you to sign a new lease, it would seem that the landlord could terminate your tenancy pursuant to the terms of the lease if you declined to do so, so if your landlord demands that you sign a new lease and you choose not to, your landlord may exercise that right.

  3. #3
    Join Date
    Dec 2004
    Location
    USA
    Posts
    2

    Default Update on lease renewal

    Update regarding this issue.

    I am on section 8 housing assistance through our local housing authority. They are only making those of us on this assistance sign new year leases but those not on the assistance are being allowed to go month-to-month.

    I have also found out that the housing authority owns a portion of the community and they are telling me that I should be month to month and to not sign any new leases they may present to me.

    This places me in a strange situation because I have two people telling me different things.

    Any suggestions???

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Renewing Lease

    If the Housing Authority is part-owner of your apartment complex, and their representative is telling you not to sign an annual lease, perhaps you can get that representative to help straighten things out with the landlord.

    1. Sponsored Links
       

Similar Threads

  1. Rental Agreements: Landlord Won't Allow Pets Despite Lease Language
    By JESMICA in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 05-17-2011, 01:35 PM
  2. Rental Agreements: Breaking Lease Renewal Before Lease Term Begins
    By rindsight in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 05-12-2011, 01:46 PM
  3. Co-Ownership: Survivorship Clause and Confusing Deed Language
    By Major_Blunder in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 01-16-2010, 01:43 AM
  4. Rental Agreements: Can Original Lease Be Terminated by Serving Due Notice Before Start of Lease Renewal
    By cht in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-09-2009, 10:34 PM
  5. Rental Agreements: Lease Language to Limit Tenancy to House and Yard
    By jvending980 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-18-2007, 07:41 AM
 
 
Sponsored Links

Legal Help, Information and Resources