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Old 10-28-2010, 01:50 PM
 
Location: Saint Petersburg, FL
1,881 posts, read 1,791,636 times
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Default Renting month to month with no written contract

We have an odd situation. The owners of the house we rent are out of the country and not involved directly with the whole process. We work with their nephew, who is quite a ways away, but still in the country. We send the rent checks to him, call him for maintenance issues, the whole nine yards. They used to have a property manager involved (at the time we moved in), but he turned out to be worthless and they fired him.

Our lease ends at the end of November and we've asked to sign for another year. The nephew said yes, absolutely, but he has to find the time to come up with a template for a lease. In the meantime, he wants to rent month to month.

I'm guessing it's not wise to go month to month without anything written? I'm thinking there are lots of ways this could turn out badly. Or is there something that says something about an oral contract?

We rent our house up north out, and although I am new to being a landlady, I don't think I would like having anyone in there without a written agreement.

Should I push him to get his butt in gear and find a lease template?
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Old 10-28-2010, 02:49 PM
 
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Basically the old lease still exist but is extended with a month to month with the same regulations as in the 1 yr lease were. Only your notice in case of move out has changed to 15 days due to being month to month.
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Old 10-28-2010, 03:32 PM
 
Location: Saint Petersburg, FL
1,881 posts, read 1,791,636 times
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Quote:
Originally Posted by bentlebee View Post
Basically the old lease still exist but is extended with a month to month with the same regulations as in the 1 yr lease were. Only your notice in case of move out has changed to 15 days due to being month to month.
Thank you

Is this assumed at the end of the lease so it doesn't have to be in writing? I'd hate to have someone show up and tell me to get out because I don't belong here!

In the meantime, I think I'm going to forward him a link to a template for a lease extension. The terms of our lease state that it can be extended for up to a year via written agreement. That way it's not as if we are writing our own lease, and he still doesn't have to do any work (which I think is the issue). Hopefully that will work.
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Old 10-28-2010, 04:54 PM
 
Location: Seaford, Delaware
3,350 posts, read 10,057,078 times
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It should be in your current lease that it will automaticaly go to a month to month lease with the same terms. You do not really have to sign a new lease. A new lease will only serve to give you a definite rent amount for the term of the lease and an end date. The old lease remains in effect but gives 30 days notice for rent increases or move out notice.
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Old 10-28-2010, 04:58 PM
 
Location: Boise, ID
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I think that depends on the state. In Idaho, it is assumed you will be month to month at the end of a lease, if no new lease is signed or extended, and no notice is given. We have tenants who have been month to month on an old lease for YEARS.

However, I have seen other people on these forums say that in their state, it is expected you will move out at the end of your lease term, and they don't extend automatically.

Your state may or may not allow oral leases, but they aren't really a good idea anyway, since there is no proof. Even a lease that says "x amount per month due on the 1st, from y date to z date with x deposit paid" and signed by everyone is better than nothing.

Related question: is your current lease even with the owner, or is it with the property manager who is no longer in the picture? You may have been living there all this time without a valid lease in place anyway.
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Old 10-28-2010, 05:09 PM
 
Location: Saint Petersburg, FL
1,881 posts, read 1,791,636 times
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Quote:
Originally Posted by ShaneSA View Post
It should be in your current lease that it will automaticaly go to a month to month lease with the same terms. You do not really have to sign a new lease. A new lease will only serve to give you a definite rent amount for the term of the lease and an end date. The old lease remains in effect but gives 30 days notice for rent increases or move out notice.
The lease we have now says it can be extended with a written agreement, so I assume it does not go automatically to month to month, since I can't seem to find anything specifically contradicting that in Florida law, at least in google searches. (someone please correct me if that is wrong)

Quote:
Originally Posted by Lacerta View Post
Related question: is your current lease even with the owner, or is it with the property manager who is no longer in the picture? You may have been living there all this time without a valid lease in place anyway.
I just checked to make sure and it's written with the owners' nephew and us, not with the property manager.

I completely agree that an oral agreement is NOT a good idea. I hope I can convince this guy of that. Seems like it could be bad for both lessee and lessor, potentially. I just don't think he cares to put forth any effort and this seemed like the easiest thing to do.
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Old 10-28-2010, 06:51 PM
 
2,060 posts, read 2,967,264 times
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Our landlord just typed up a note saying the terms of our lease would be extended for one year and we all signed it. That was it.
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Old 10-29-2010, 06:54 AM
 
15,461 posts, read 20,242,535 times
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We have a property management company and every lease that is not extended in writing in Florida will automatically change into a month to month.

We always give our tenants a new lease at the end of the term and that is also what i do for my own rentals since I rather have tenants of who I know will stay for another year rather than month to month and get a surprise 15 days before they move out...

But if you don't get a new written lease in Florida the old lease term still exist but the only thing that is changing is that it is now a month to month lease. The Landlord also can give you notice that he wants to have his property empty but in this economy the only reason they want someone out is if they want to move there themself or if the tenants are not good tenants, otherwise they rather have a paying tenant stay and not having to paint the place, etc...
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Old 10-29-2010, 12:12 PM
 
Location: Saint Petersburg, FL
1,881 posts, read 1,791,636 times
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OK, I feel better about it now. Thanks again.

I don't think he would evict us; we take great care of the house and of course always pay on time, so I would be really shocked if he did. I hope he doesn't decide to go with a rent increase out of the blue... I think I'd like something in writing just to avoid surprises. But, in the meantime, I guess I can relax!

I'm with you on the landlord side of things, too. It would certainly not be my ideal to have 15 days to scramble and try to get someone else in our house!
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Old 11-01-2010, 03:19 AM
 
29,286 posts, read 25,398,627 times
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Its more of a negative for a landlord not to give a lease. Most localities have implied leases that take over and you as the landlord might not like those terms.

The other issue is it can be difficult to prove what the rent was if you have to take the tenant to court. Unless you swap receipts with an amount and signed by the tenant or photostated check how do you prove what it was.

i had a tenent pay me in cash because her checks had bounced,,, foolishly i never extended a written lease ...when she started to fall behind on the rent i had no way to prove what it was supposed to be.
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