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Hi all,
last year I moved into a small efficiency and back then signed a 1-year lease. This one year is up and I am now on a month-to-month basis. I really like this place but I think I want a bigger place, so, although I'm in no rush, I'm looking to move in the long run.
On my lease the only thing regarding the rental term states: This is a lease for a term, not to exceed twelve months, beginning xx/xx/xxxx and ending xx/xx/xxxx (the "Lease Term"). When signing the lease I remember my landlord verbally telling me that after the end of the 12 months it would just convert to month-to-month. I have been living here for 13 months now (i.e. my landlord has accepted at least one rental payment outside of the 12-month agreement) but essentially there is no paperwork regarding my current rental situation.
Now, I am not worried that she's going to kick me out over night. First, it's not in her best interest anyways since I've been the best tenant she's ever had (her words) and second, I have proof that I paid my rent. But whenever I go apartment hunting, I've noticed that generally landlords tend to advertise their apartments as "available immediately" and if I tell them that I'm very interested but would need to a few weeks (and I am even willing to pay double rent for a week or two - makes moving easier anyways), they usually go with someone else.
I'm not trying to screw my current landlord over, but I simply want to know what my responsibilities are and, given the non-existence of any rental agreement (except for the fact that I pay rent), whether it'd be acceptable to give notice of < 30 days?
Thanks!
Just FYI: The landlord has been very nice and nothing but helpful.
the law varies by state. Check your state landlord tenant laws. I think an annual lease generally converts to a month-to-month in many state laws if this info is left off the lease. Many states have a 15 or 30 day notice period if it is not specified in the lease. You need to check your state landlord tenant law to be sure. It can vary depending on how long you lived there also.
You can google it pretty easy and usually get the answer. Also fyi most states specify to give notice in writing, sometimes certified mail.
Read the fine print again, there is usually a page or two of standard terms, or a paragraph under that lease term clause you mentioned stating something about the month to month status. At the very least, you and the LL are bound to the landlord/tenant law of your state which may say something to the effect of what you said that the LL told you verbally. If you are worried, ask him to write up an Addendum stating that you are on a month to month status, and include the required Notice to Vacate that applies to each party. For instance, here in Hawaii we must give a tenant 45 days notice and they are then free to vacate at any time; they do not have to fulfill the 45 days. A tenant must give us 28 days notice and they do have to fulfill the 28 day term.
You can give as little notice as you please but will pay for whatever term is required. In other words, if the notice you're required to give is 30 days you can leave at any time during those following 30 days as long as the rent is paid for that period.
Read the fine print again, there is usually a page or two of standard terms, or a paragraph under that lease term clause you mentioned stating something about the month to month status. At the very least, you and the LL are bound to the landlord/tenant law of your state which may say something to the effect of what you said that the LL told you verbally.
I did read the lease (including fine print) again, and there most certainly is nothing about month-to-month terms. What it does say about Renewals/Extensions is: The Lease can be renewed only by a written agreement by both Landlord and tenant but the term of a renewal or extension together with the original Lease Term may not exceed one year. A new lease is required each year.
But, I also just found a small a handwritten note stating that after the end of the lease it may be renewed month-to-month, so please disregard that I have only been told verbally by my landlord. However, I live in Florida and after looking the landlord/tenant laws, it seems like I need to give 15-days notice.
However, I live in Florida and after looking the landlord/tenant laws, it seems like I need to give 15-days notice.
Also in FL I think you need to give written notice, maybe even certified mail. Double check. You can give landlord verbal or email notice as well if you choose.
In Florida you do only have to give 15 days notice on a month to month tenancy and it does have to be in writing. However, since you've apparently had a good relationship with your current landlady, try and give her a little more notice than this if you can, and leave the place spick and span. Apart from the fact that it's the right thing to do, you never know when you'll need a reference!
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