QUESTION

If my property management fails to send me a notice of a lease renewal, can they impose a month to month rate on me after my lease ends?

Asked on Sep 01st, 2011 on Contracts - Virginia
More details to this question:
With the first lease, they sent me a notice with rates for monthly or 3/6/12 months lease or my choice to not renew. The rates were larger for the shorter month options. I signed another lease for 10 months in November 2010, which runs through end of August 2011 after my first lease was ending. They haven''t sent me this notice this time around until I reminded them around the end of August.
Report Abuse

1 ANSWER

Taxation Attorney serving Coronado, CA at Barkley Law Group, APC
Update Your Profile
Under the laws of property a tenant must always pay rent as long as they reside in the residence. Therefore when your lease ended the landlord may still require you to pay rent and hold you on a month to month tenancy. However, the rent cannot be higher than what you were previously paying per month under your original periodic tenancy lease unless that information was presented by the landlord prior to your lease ending. Under your first lease, you were given notice that you would need to renew your lease under the terms presented. However it doesn't sound like you were presented these terms this time. Therefore if you choose to stay then you continue on a month-to-month tendency at the current rate. Your landlord may still present you with new terms requiring a new lease and higher rates but must give you the proper amount of time (here a month) to sign the new lease or vacate the apartment. Without presenting new terms you would be on a month to month lease under the same terms of your previous lease. You must also pay close attention of what your current lease has stated in regards to a holdover tenant. Some leases contain a section on this exact question and if there are terms stated in your lease then you must follow those terms.
Answered on Sep 07th, 2011 at 12:39 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters