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  1. #1
    Join Date
    Mar 2008
    Posts
    3

    Default Effect Of Automatic Lease Renewal

    This is in Kansas.
    I originally signed a 6 month lease with a landlord, the term beginning Jan. 1, 2006 and ending June 30, 2006. I have since never signed a renewal agreement and have reasons to move out soon. However, when I told the landlord of my intention, he brought this clause in the agreement to my attention: "13. NOTICE AT END OF AGREEMENT: Either party shall give the other party written notice of his intention not to renew the Agreement at the end of the original term of this Agreement. This notice shall be given sixty (60) days before the end of the original terms. If there is no written notice between the parties, then this Agreement shall renew for an additional term equal to the original term."
    The landlord claims that the lease automatically renews every 6 months and thus I am under the lease until June 30, 2008. Is this true? Does this mean that this lease I signed in December 2005 automatically renews for a 6 month term every 6 months until the end of time (unless either party give 60 days notice)? I'm sure that at the time I signed the lease I assumed that, yes, if I wanted the lease to end on June 30, 2006, I would need to give 60 days notice of my intention to not renew - and if I didn't then the lease would automatically renew for another 6 months (until Dec. 31, 2006). Which was fine with me. But for the last 15 months I've been under the assumption that I was no longer under a contract with a defined lease term and thus was paying month-to-month.

    There are some other things going on at the house which may provide an out for me, but I want to check on the wording of the contract before I get into that. Thanks in advance for your advice!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Question About Automatic Lease Renewal.

    But for the last 15 months I've been under the assumption that I was no longer under a contract with a defined lease term and thus was paying month-to-month.
    then you assumed wrong. The lease can continue to renew as you have shown. If youwant out by this June, you need to be putting in your otice prettty soon.

    You even quoted the article that extends the lease so why would you doubt you are still under the same lease?

  3. #3
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Question About Automatic Lease Renewal.

    In 2006, Kansas SB 380 was proposed to address and reform KS's landlord/tenant statutes including requiring giving written notice 30 or 60 days in advance of an auto-renewal clause taking effect, but I believe it died in committee or was voted down, due mostly to intense lobbying by landlords and landlord associations. I believe the automatic lease renewals on-infinitum are still legal under KS law.

    Good to know the people's elected representatives are looking out for their constituents, huh?

  4. #4
    Join Date
    Mar 2008
    Posts
    3

    Default Re: Question About Automatic Lease Renewal.

    Quote Quoting jk
    View Post
    You even quoted the article that extends the lease so why would you doubt you are still under the same lease?
    Because of the wording of that article. It says that if neither party gives 60 days written notice before the end of the original term (the end of the original term being June 30, 2006) that the lease will renew for AN additional term. It's the word "an" that makes me question it. "A" term or "An" additional term doesn't mean additional terms indefinitely, and there is no mention anywhere in the lease of automatic renewal every six months for as long as I live there - only of the original term and an additional term. Based solely on the wording of that article in the lease, why would I - someone of average intelligence - be expected to believe that the lease renews every six months, indefinitely, with no need to sign a new lease once a one year term (2 six month terms) has ended with neither party giving 60 days written notice? If I'm missing something here, please explain it, but it doesn't seem that that article is explained in clear enough terms that the average tenant would understand that it indefinitely renews automatically.

  5. #5
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Effect Of Automatic Lease Renewal

    Well, your arguement is pretty much the same of all those who have worked to get these auto-renewal leases either outlawed or mandated to have notification clauses in many states. They tried in Kansas as well, spurred mostly by the "experience" of college students saddled with similar leases, but the (Repub) legislature sided with the landlord lobby and killed the bill.

    Business as usual.

  6. #6
    Join Date
    Mar 2008
    Posts
    3

    Default Re: Effect Of Automatic Lease Renewal

    Hmm. Well, thanks for the insight 4eyedbuzzard, I appreciate it.

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