QUESTION
Can my landlord refuse to let me rent month to month after my year lease is up?
Asked on Jan 11th, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
While I look for another rental home, I'm still planning on giving 60 days notice before I move out.
10 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes.
Answered on May 28th, 2013 at 12:32 AM
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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Yes at the end of the lease you have no tenancy contract unless the landlord accepts a month to month tenancy.
Answered on Jan 16th, 2013 at 7:01 PM
Yes. Your landlord can force you to move after the expiration of your lease.
Answered on Jan 16th, 2013 at 6:58 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes he can.
Answered on Jan 15th, 2013 at 11:40 AM
Most leases provide that tenants that hold over after the end of the lease are on a month to month tenancy. You should consult a real estate attorney to review the lease and all of the facts and advise you how best to proceed.
Answered on Jan 15th, 2013 at 11:40 AM
Business Attorney serving Newport Beach, CA
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NextGen Business & Wealth Preservation
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Yes, typically he can chose not to renew your lease, assuming the lease had no terms to the contrary. He would still need to give you at least 30 days prior notice though.
Answered on Jan 15th, 2013 at 11:39 AM
Business Attorney serving Tustin, CA
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Heinly Benson Killian and Kramer
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Yes, the Landlord has the right to refuse to enter into a month to month tenancy. Many landlords want the security of knowing they don't have to worry about finding a new tenant in a short time. However, you might want to attempt to negotiate with him and put your promise of a 60 day notice in writing to see if he will change his mind.
Answered on Jan 15th, 2013 at 11:39 AM
Land Use Attorney serving Tacoma, WA
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Harper Law Offices, Inc., P.S.
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Yes. Your landlord does not have to allow you to stay month to month after your lease expires. There may be exceptions depending upon where you live, however. Some cities have ordinances that prevent a landlord from refusing to rent to you on a month to month basis after your lease expires. Most cities do not have such ordinances, however, so you should check this out carefully. Generally, once your lease expires, that is it. Unless the lease requires it, no notice is necessary to terminate the tenancy either. If your landlord does not want to allow you to rent month to month, he/she doesn't have to. If you choose to stay on anyway, you would be considered a hold-over tenant, and could even possibly be subject to an unlawful detainer action and be evicted. You should consult with an attorney right away if your lease has already expired or is about to expire.
Answered on Jan 15th, 2013 at 11:38 AM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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Under South Carolina law, the lease controls your rights to rent on a month to month basis now that the lease has ended. You need to have an attorney review the lease to determine your rights under the lease. You may automatically have a month to month rental agreement once the lease ended. The landlord is required to give you proper notice of termination of the rental agreement if there is one in the lease.
Answered on Jan 15th, 2013 at 11:37 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Yes. Landlords are not required to rent for any certain time periods. If the landlord requries a new 12 month lease and you are unwilling to sign a new one, then he/she can ask you to leave with proper notice.
Answered on Jan 14th, 2013 at 8:54 PM