QUESTION
Is a rental lease still binding if it has never been updated or signed again?
Asked on Jan 02nd, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
We signed a lease 31/2 years ago and it has never been updated or signed again, is it still binding?
10 ANSWERS
Steven D. Dunnings
Is there a provision in the lease that states what happens after the initial term expires?
Answered on Jul 02nd, 2013 at 9:45 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on May 30th, 2013 at 10:21 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It's terms still govern except you are now probably a month to month tenant.
Answered on Jan 08th, 2012 at 11:52 AM
Criminal Defense Attorney serving Summit, NJ
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Stephen P. Dempsey Counselor at Law
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No- the lease terms convert to a month to month hold over lease.
Answered on Jan 06th, 2012 at 4:32 PM
It would depend upon the wording of the lease. Generally, a month to month tenancy is created after the term of the lease if the tenant stays and the landlord accepts the rent. You should consult a real estate attorney familiar with landlord tenant issues to review your lease and advise you.
Answered on Jan 06th, 2012 at 4:27 PM
Maybe. If the lease includes language that states the lease continues month-to-month after the initial term, then all other terms are binding until/unless it is modified in writing or is otherwise terminated. If the lease does not contain such language, then a court of law would look to see if the conduct of the parties suggested that one or more terms of the written lease were changed, modified, or deleted altogether. If the parties continued to follow the terms of the written lease, the lease will be enforced as written. If the parties changed one or more provisions, then the court would have to decide if only one or more provisions were changed and the remaining terms remained the same or whether the entire written lease was replaced by a new lease that was created orally and/or by the conduct of the parties. For example, if a written lease expires and then the tenant gets a pet and additional occupants (both of which were prohibited in the written lease) and started pay more or less rent than stated in the written lease, then the court would have to decide if just those provisions of the written lease were modified or whether the written lease was completely replaced by a subsequent lease that was created orally and/or by the conduct of the parties.
Answered on Jan 06th, 2012 at 3:58 PM
It would depend on how long of a period the lease was originally for.
Answered on Jan 06th, 2012 at 3:40 PM
Estate Planning Attorney serving Madison, WI
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W.R. Stewart & Associates, S.C.
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It is difficult to answer your question without more facts (e.g., the term of the lease). When a tenant holds over after the expiration of the lease term, the landlord can elect to allow the tenant to continue on a periodic tenancy. This election is most often made by the landlord accepting rent for a period after the expiration of the lease term.
Answered on Jan 06th, 2012 at 3:37 PM
Yes. After its expiration it automatically converted to a month-to-month lease, but the rest of the terms of the lease remain in force until the lease is terminated by either party. The lease under these terms is terminable by either side with 30 days notice.
Answered on Jan 06th, 2012 at 3:33 PM
Kevin Elliott Parks
That depends on how long the lease term ran. If the lease was signed 3 1/2 years ago but was for, say, a 4 or 5 year lease term, then yes, the lease is still binding. If the lease was for (more typically) a 1 year term, then the lease automatically transferred to a month-to-month tenancy at the expiration of that year. A month-to-month tenancy still retains essentially the same provisions as the fixed-term lease, expect of course relating to the time period. Thus, whether or not it is still "binding" depends on the type of situation to which you're referring. For month-to-month tenancies, however, the law does treat them different in a few areas, most notably in that tenants must give at least 30 days' notice to terminate the lease, while landlords (after the tenant has been there past a year) need to give 60 days' notice to terminate the lease without cause.
Answered on Jan 06th, 2012 at 3:31 PM