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Old 04-24-2011, 11:28 AM
 
Location: SoCal
502 posts, read 1,208,234 times
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Default Fixed Term Lease Converted to Month to Month Automatically - New Agreement Required?

If you are on a fixed term lease (say 1 year) and that lease specifically says that the lease will automatically be converted to a month to month at the end of the term, should I, as the landlord, still draw up a new lease specifically for the month to month, or will the original signed lease be official enough?

Just want my bases covered.
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Old 04-24-2011, 11:31 AM
 
Location: Seaford, Delaware
3,350 posts, read 10,088,651 times
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The original is sufficient to carry all the other terms of the fixed term leasse. Unless you intend to raise the rent or change some other term in the lease, there is no need for a complete new lease.
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Old 04-24-2011, 11:32 AM
 
157 posts, read 216,265 times
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Once I was sent a letter informing me of the fact that my lease was converting to a month to month, but all other times, nothing happened. I just continued to pay my rent as usual and when it was time to leave, I gave my 30 day written notice. I think it is nice when they give you the notice though.
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Old 04-24-2011, 12:38 PM
 
Location: SoCal
502 posts, read 1,208,234 times
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So if the rent is increaesd, I should draw up a month-to-month agreement?

I already gave the renter notice of a rent increase after the lease is up and had him acknowledge that they received the notice in writing. Would that be sufficient?

When I was renting, none of my land lords provided new leases when the rent increased.
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Old 04-25-2011, 08:00 AM
 
Location: Seaford, Delaware
3,350 posts, read 10,088,651 times
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If the only change is the rent increase, the original lease is still in full force and effect. You have an acknowledgement of receipt of notice of the rent increase from the tenant. You do not need a new lease if you want to leave it on a month to month basis. Attach a copy of the notice of rent increase and receipt ackowlegement to the original lease and your record is complete.
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Old 04-25-2011, 12:59 PM
 
15,489 posts, read 20,315,574 times
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I always give new leases and we mostly don't do month to month after a 1 year lease, so we provide a new 1 year lease, otherwise the month to month will for sure have a higher monthly rent amount...

Even if the 1 year lease is over and it automatically transfers to a month to month (unless you give a new lease which you are allowed to do) than all rules stay the same as when you had the one year lease.
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Old 04-13-2013, 10:42 AM
 
1 posts, read 5,746 times
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Im in a rent controlled area. Bought a house 3yrs ago thru the bank and for years the tenant has a month to month lease agreement with the bank. How do i go about changing it to MY lease agreement instead of the bank's?? And can the tenant refuse to sign my new lease contract??
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Old 04-14-2013, 04:55 AM
 
4,601 posts, read 5,758,385 times
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Quote:
Originally Posted by Alsacea View Post
Im in a rent controlled area. Bought a house 3yrs ago thru the bank and for years the tenant has a month to month lease agreement with the bank. If the home is yours, the tenants have a month to month agreement with YOU, the homeowner...not the bank. You had to honor what lease was in place when you bought the home and I'm assuming all rental payments have been paid to you since the purchase...correct?? And their deposit was transfered to you as well, correct?


How do i go about changing it to MY lease agreement instead of the bank's?? The change of the lease should've happened 3 yrs ago...if they are month to month, you can give them a 30 notice asking them to sign the new lease with you or vacate within x amont of days. Please read your state's tenants/landlord laws for proper notification time on month to month leases. Or talk to a lawyer..you've let this go on for far too long.

And can the tenant refuse to sign my new lease contract?? Yes, they can refuse to sign your lease.

Whatever you do...please come back with an update.
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Old 08-13-2013, 07:40 AM
 
2 posts, read 5,035 times
Reputation: 11
Question, if my lease has a start date, and an end date a year later...but theres nothing in the lease stating once the year is up it will be month-to-month, all it reads is "This lease begins on Oct 2011. this lease ends on sept 2012"...thats the only thing regarding the lease terms that is listed in my agreement. My landlord has not given me a new lease. Or notified me, or had me sign anything saying my terms would be month to month, or run a new year. So my question is, do leases automatically go month to month even if there's nothing saying that? or do i technically NOT have a lease right now??
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Old 08-13-2013, 08:06 AM
 
Location: Retired in Redding, CA!
6,397 posts, read 3,965,600 times
Reputation: 5951
You do have a legal agreement. It's the same terms as the lease, except now it's month-to-month. Now you only have to give 30 days notice to move. Landlord has to give you 30 or 60 days notice for changes, depending on what the notice is and what state (in CA if you've been there over 1 year, LL has to give you 60 days notice to move, for instance).

Leases go to month-to-month agreements automatically, when the lease term ends, if there are no terms in the agreement stating otherwise.

I hope that's good news :-)
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