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Old 06-08-2011, 10:32 AM
 
4 posts, read 80,685 times
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Default Tenants rights: can i stay after the lease is over

Hi, my lease ended in April 2011, after that I got it extended for two months. I had to moveout until July 1. However, the other place I rented became unavailable (landlord dropped off). I informed my current landlord that I would like to stay and to renew my lease, however he refused. Do i have any legal rights here? Do I have any priority to the tenants he might have promised the place to? I always pay in time if that matters. And I offered to reimburse additional costs that may occur because of mt decesion. Thank you!
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Old 06-08-2011, 10:42 AM
 
Location: Tampa, FL
2,638 posts, read 5,893,102 times
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At this point you are likely to be considered a month-to-month tenant with your previous lease provisions continuing. In most states, all that is required to end a month-to-month tenancy is 30 days notice from either party. In some states even less. The notice must be in formal written form and follow certain rules. Google your state's landlord/tenant laws for more specific guidance.

Essentially - no, in most cases you don't have any priority over new tenants and you can't force a landlord to keep you as a tenant once the agreed term has expired. Perhaps the LL might have other units and you could move to one of those if the unit you currently rent will no longer be available? If you have never been a problem, always paid your rent on time, abided by community rules, etc. - most LLs will bend over backwards to keep that sort of tenant. If you've been a pain he may just be ready to be done with you, in that case it's probably better to just move on.
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Old 06-08-2011, 10:51 AM
 
Location: St Thomas, US Virgin Islands
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You have no legal rights at all. You were given a two month extension to July 1 and thus you have to be out of the apartment by July 1. A month to month extension only applies when neither party agrees otherwise upon termination of the initial lease agreement. You agreed to a two month extension under the same terms of the original lease agreement and this you have to abide by. Sorry.
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Old 06-08-2011, 11:05 AM
 
Location: Tampa, FL
2,638 posts, read 5,893,102 times
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Quote:
A month to month extension only applies when neither party agrees otherwise upon termination of the initial lease agreement.
This is true. For some reason I was thinking that the agreement was verbal which would mean most judges would consider it month-to-month, but if a written contract addendum was signed for a two month extension, that would have priority.
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Old 06-08-2011, 11:15 AM
 
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Tilli, thank you for fast reply, it really helps. We are good tenants, so I guess LL would keep us, but it seems that they rented the place already. Could they do that while we are still in lease? Are not we entitled to lease renewal after the extension ends? (you are right it was in written). Basicaly, we arenot the type to go to court and would prefer the amicable way of handling situation, but it'sgood to know our rights before the big talk with LL, because hisinitial reply was negative. Specifically, if we are under lease and other people will gettheirholding depositback, and we gave a notice as much in advance as we can.
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Old 06-08-2011, 11:18 AM
 
Location: The Triad (nc)
17,193 posts, read 21,839,868 times
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Quote:
Originally Posted by Normajin View Post
I informed my current landlord that I would like to stay and to renew my lease, however he refused. Do i have any legal rights here?
You might have "some" sort of legal rights.
It is called "tenant holding over" and it won't be cheap.
It all depends on what the lease and your state law says.

But this still isn't any sort of "renew" to the lease though in any case.

Quote:
Do I have any priority to the tenants he might have promised the place to?
maybe. well, at least until the sheriff shows up.

Quote:
I offered to reimburse additional costs that may occur...
oh yeah... you're gonna pay alright.

Quote:
Originally Posted by LawInfo
If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for... The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.
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Old 06-08-2011, 11:21 AM
 
Location: NJ
17,580 posts, read 19,955,756 times
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And how about those people that are going to be moving in? I guess you don't care that they get screwed because you can't make up your mind.
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Old 06-08-2011, 11:30 AM
 
Location: Over There
402 posts, read 619,525 times
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Cool You have to move out by the end of the lease.

Quote:
Originally Posted by Normajin View Post
Hi, my lease ended in April 2011, after that I got it extended for two months. I had to moveout until July 1. However, the other place I rented became unavailable (landlord dropped off). I informed my current landlord that I would like to stay and to renew my lease, however he refused. Do i have any legal rights here? Do I have any priority to the tenants he might have promised the place to? I always pay in time if that matters. And I offered to reimburse additional costs that may occur because of mt decesion. Thank you!
Your lease has an end-date; therefore, no notice (from landlord or tenant is required) and you must move out or you will be considered to be over-holding.

In MANY states, over-holding means 3 things. (Check your rental laws.)

1) You can have legal eviction proceedings brought against you.
2) You will owe double your daily rent for days beyond your lease.
3) You will owe for any costs incurred by BOTH the landlord and the incoming tenants.

I'm sorry that your future plans fell through, but your landlord has probably already signed a lease with a new tenant. You do NOT have more right to rent the place than the new tenants. The rights go to the named tenant on the lease for the time period.

All that you can do is ask your landlord nicely to allow you to stay IF he has not already rented it out.

Start looking for a new place NOW.
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Old 06-08-2011, 11:41 AM
 
4 posts, read 80,685 times
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Quote:
Originally Posted by manderly6 View Post
And how about those people that are going to be moving in? I guess you don't care that they get screwed because you can't make up your mind.

Actually we are in the same position here, we got dropped off not changed our mind
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Old 06-08-2011, 11:42 AM
 
Location: Tampa, FL
2,638 posts, read 5,893,102 times
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Quote:
Originally Posted by Normajin View Post
We are good tenants, so I guess LL would keep us, but it seems that they rented the place already. Could they do that while we are still in lease?
Yes, the LL can line up a new tenant to move in at the end of your agreed extension. So long as the lease periods do not overlap.

Quote:
Are not we entitled to lease renewal after the extension ends? (you are right it was in written).
You are never entitled to lease renewal (at least not in my state, I don't know about your's). Once the lease is up, your rights to occupy the property end unless the month-to-month provisions take effect and it sounds like those do not apply in your case despite my earlier thoughts. A landlord may offer a lease extension or decline as they see fit. The reason most leases (and state law) require notice when you are moving out is so the LL can do exactly what your's did - find a new tenant to minimize rental income losses due to vacancy.
Quote:
Basicaly, we arenot the type to go to court and would prefer the amicable way of handling situation, but it'sgood to know our rights before the big talk with LL, because hisinitial reply was negative. Specifically, if we are under lease and other people will gettheirholding depositback, and we gave a notice as much in advance as we can.
I don't see that you have any leverage here. If the LL has already leased the unit expecting you to leave as agreed, his obligation is to the new tenants who have an agreement to lease that unit for a specified timeframe. I think your best bet is asking if the LL has a different unit that you could move into, or else just move on. I wouldn't still be there on July 1st if I was you though, evictions on your rental history have a way of turning off potential future landlords. Best of luck.
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