Landlord wants me to sign another year's lease (Austin: apartment, leasing)

[readymade]

Hi, I'm not sure if this is the proper forum, but I figured laws might be different state-by-state.

My year's lease is up on August 1. In the lease, it says after the year, it turns into a month-to-month contract.

My property manager just emailed me to say they want us to sign another year's lease. We don't want to do that. We can't afford to move right now, but we know we probably don't want to stay for another full year. I told him that I'd like to go on as a month-to-month. (I didn't mention to him that I'm also pregnant, and I'm pretty sure the place has lead paint. PEELING lead paint, I might add)

He said that he would advise the landlord against that because we might decide to move out at Christmas time or something, making it difficult for him to re-rent.

So... what happens now? I don't want to sign another year's lease. I can't afford to move. Does/can he evict me on the grounds that I won't re-sign the lease? (I've never been late on rent)

[Jennibc]

That is really tricky. You need to carefully read your lease and see if there is a clause in it that allows the landlord to terminate the agreement for any reason after the initial lease is up. If so you are out of luck. You can risk it and tell the landlord that you are invoking the clause that says after the lease term is up you going month to month and see what happens. Ultimately it is the property owner that makes the decision and not the property management company. If you've been good tenants, why would the property owner want to throw you out right now and risk not getting a new tenant in? That could be a month or two without rent for him/her. It sounds like the property management company is trying to bully you into signing a new lease. You really have to do what is right for you.

[CarnivalGal]

THe landlord will most likely give you a 30-day notice on August 1st when you don't sign a new lease.

[mark311]

I would call the Austin Tenants' Council to get some free advice from them. Their brochures on-line are very informative as well.

Austin Tenants’ Council/Tenant-Landlord Brochures

[Trainwreck20]

Technically, the landlord (or you) can terminate the lease at the end of one year for pretty much any reason (or lack of). Most leases that I have seen or been a part of included a month-to-month lease rate in the original lease....you pay $1,000 a month for one year, and then you roll over to $1,100 a month on a month-to-month basis, or something similar. If you do not have a set rate (or even if you do) I suppose they can change the rate. I suspect that they are either trying to scare you into signing a one year contract or else they are caught renting the place for lower than market value and are trying to chase you out. Realistically, it they force you out, they will need to find a new tenant and even one empty month is costly. I can't imagine a tried-n-true renter (which I assuming you are) on a month-month lease is somehow a bad deal compared to an unknown renter and a possibly empty property.

Just make sure that you appear ready to abandon their property if they raise the rates or insist on a year lease . An make sure they give you the required notice if they are terminating the lease, don't let them force you out (even if you are ready) early.

[readymade]

Thanks guys. Well, they said that they are happy to do a month-to-month, provided we give them 90 days notice, pay $50 more per month in rent, and let them show the place for 60 days before we actually move out.

Does that sound fair to you?

[atxcio]

That sounds very fair. $50 a month extra for the freedom of no long term lease is cheap (although the 90 day notice basically makes it a 3-month lease). Usually what I'll do is offer a 6-month lease for about that much more; for month-to-month, I'd be increasing it more, especially if I'm missing out on a prime leasing time. I'm usually OK if the lease ends during the summer (best) or around Dec/January (second best). I'm more worried about tenants leaving in, say October or March.

[Trainwreck20]

The 90-day is a little steep, imho. Can you live with it? That is really the question. If you find a house you like and buy it (is that your plan?), it will probably take less than 90days between the time that you confirm that you are going to purchase it (usually the end of the inspection period) and the time you own it and are paying for it (even if you don't actually have to pay right away). I would try to keep the notice to 60 days at the most. At the very, very least, I would make the notice symetrical.....make them give you the same notice as you give them before they increase rent or kick you out (if they are selling or something).

[mwv]

The month-to-month clause in the lease is just meant to cover a circumstance where neither party gives notice to the other.

The owner definitely has the right to not renew the lease and to find another tenant. When the lease ends, they can ask you to move out, and no reason is required. There's no gray area at all about this- when they give you notice that your lease is not renewed, that's it, you have to move by the last date of your contract.

[Yellerdog]

My lease ends August 31. My slumlord did not renew my lease by August 1. I have been the perfect tenant. Quiet, I pay on time, etc. Although I love my apartment, this building has been a house of horrors. As of Aug. 1, according to law, by not receiving my lease, I am now in month to month status for 2 months at the same rate as my lease.

I have spent exhausting weeks attempting to find suitable, safe, affordable housing. It was my understanding that they were forcing me out of my apartment.

Suddenly, As of August 7, My lease appeared under my door. They had raised the rent. Since they did not give me my lease by Aug 1, I presume I am still on month to month status at the old rental rate.

Also, this would be funny if it weren't about my money, they are charging me a late charge for rent and another charge for a returned check. My rent is NEVER LATE and I always have sufficient funds. My bank is sending me a statement that says the check has not been cashed, yet. Thus, it could not have been returned.

What do I say when they ask me if I am 1. Going to sign the lease 2. Pay the late charges
I don't want to show my hand.

Because there are other issues (denying me access with my service dog, charging me for a dumpster fee claiming I put out too much trash, etc...) I am seeking council,. I don't know if they will take my case, yet.

Any thoughts?