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Old 05-11-2014, 12:10 PM
 
4 posts, read 12,237 times
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I have been corresponding with my landlord re: our lease, which was set to expire June 1. We negotiated a new price for a yearlong lease and it was sent, but none of the 5 roommates have signed it yet. We found a better place and would prefer to give our 40 days notice, and switch to month-to-month renting (at the last lease rate) and move out July 1. Since no one signed a lease, we can proceed this way, right?

We live in DC.

Thanks!
Bennett
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Old 05-11-2014, 01:40 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,724,101 times
Reputation: 26728
You should talk to your LL as soon as possible. Even though you didn't yet sign the new lease, you agreed in writing to it with the mandated 40 days notice. Since your current lease ends at the end of this month, you may be liable to give your 40 days notice as of that date if DC landlord tenant laws go by calendar month notice rather than actual days. You can check that - you'll likely find DC laws linked in the first "sticky" on this page.

Check on that and then talk to your LL. Good luck.
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Old 05-11-2014, 01:42 PM
 
988 posts, read 1,741,279 times
Reputation: 1078
Quote:
Originally Posted by bwaxse View Post
I have been corresponding with my landlord re: our lease, which was set to expire June 1. We negotiated a new price for a yearlong lease and it was sent, but none of the 5 roommates have signed it yet. We found a better place and would prefer to give our 40 days notice, and switch to month-to-month renting (at the last lease rate) and move out July 1. Since no one signed a lease, we can proceed this way, right?

We live in DC.

Thanks!
Bennett
Not necessarily. If you don't agree to a renewal, LL has no obligation to extend the lease to a month-to-month term, and probably would not do so for your case. If you were allowed to convert to month-to-month, you definitely won't be paying your current lease rate; it will absolutely be much higher. Remember, you're locking up the apartment during the height of the rental season so LL will make that up from you by a higher rental rate, which is absolutely their right for a month-to-month.
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Old 05-12-2014, 05:47 AM
 
Location: Riverside Ca
22,146 posts, read 33,558,160 times
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Just send a email or call and tell thenLL that you spoke to the other tenants and not everyone wants to renew the lease. Due to those factors you cannot in good faith sign a lease. LL should/are used to tenants changing their minds or giving notice. It's just business. Too many people take it personally
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Old 05-12-2014, 07:51 PM
 
Location: Silicon Valley
18,813 posts, read 32,523,229 times
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Quote:
Originally Posted by Electrician4you View Post
Just send a email or call and tell thenLL that you spoke to the other tenants and not everyone wants to renew the lease. Due to those factors you cannot in good faith sign a lease. LL should/are used to tenants changing their minds or giving notice. It's just business. Too many people take it personally
I agree!
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Old 05-12-2014, 09:59 PM
 
4 posts, read 12,237 times
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Thanks for your help, everyone! I'll email our LL tomorrow.

From the lease:
"Upon expiration of this lease, this Lease shall automatically renew itself for successive monthly periods, subject to rent increases as provided below, unless this Lease is terminated by either Tenant or Landlord as provided in this Lease"

"At least 30 days prior to the expiration of this Lease, Landlord may notify Tenant of an increase in the monthly rent to be effective the first month of the renewal period."

From our Landlord, 30 days before the end of our lease: "...Hoping you all will renew the lease for June 1. Rent will remain the same."

I think this addresses the concerns brought up previously. Fingers crossed...
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Old 05-13-2014, 09:51 AM
 
988 posts, read 1,741,279 times
Reputation: 1078
Quote:
Originally Posted by bwaxse View Post
Thanks for your help, everyone! I'll email our LL tomorrow.

From the lease:
"Upon expiration of this lease, this Lease shall automatically renew itself for successive monthly periods, subject to rent increases as provided below, unless this Lease is terminated by either Tenant or Landlord as provided in this Lease"

"At least 30 days prior to the expiration of this Lease, Landlord may notify Tenant of an increase in the monthly rent to be effective the first month of the renewal period."

From our Landlord, 30 days before the end of our lease: "...Hoping you all will renew the lease for June 1. Rent will remain the same."

I think this addresses the concerns brought up previously. Fingers crossed...
Well, what your landlord wrote is clearly applying to your renewal rate. He will still have the right to let the original lease expire (he offered a renewal, you're not taking it, so technically, your lease is set to end unless he says otherwise) or raise the rent for a month-to-month tenancy. Hopefully he remains nice to you!
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Old 05-13-2014, 10:59 AM
 
13,131 posts, read 21,011,866 times
Reputation: 21411
Quote:
Originally Posted by berniekosar19 View Post
Well, what your landlord wrote is clearly applying to your renewal rate. He will still have the right to let the original lease expire (he offered a renewal, you're not taking it, so technically, your lease is set to end unless he says otherwise) or raise the rent for a month-to-month tenancy. Hopefully he remains nice to you!
It has a auto renew clause for monthly, the lease wiull renew ona month to month basis unless the landlrod has notifed the tenant as outlined in the lease. If that auto renew provision has a specific rent increase mentioned, that rent increase will automatically take effect on the month the auto renew occurs. Since the month to month renewal is in the lease, it will happen automatically unless the tenanat or landlrod serves notice. And, if there is a specific rent increase listed in the lease for that month to month auto renewal, that increase will aslo take effect.

There are two things the OP has not mentioned:
1. Did the landlrord serve notice that the lease is up for renewal and if not renewed it ends as scheduled?
2. What does it say after the monthly auto renew with rent increase, was there a specific rent increase listed?
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Old 05-13-2014, 11:13 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,724,101 times
Reputation: 26728
Quote:
Originally Posted by Rabrrita View Post

There are two things the OP has not mentioned:
1. Did the landlrord serve notice that the lease is up for renewal and if not renewed it ends as scheduled?
2. What does it say after the monthly auto renew with rent increase, was there a specific rent increase listed?
He mentioned all of that in the first post - tenants told the LL they were renewing within the time frame required, were sent a new lease and then they changed their minds and decided not to sign the new lease but move a month after the lease expiration date. Since the LL accepted their written intent to renew at the same rental rate he may not be willing (and may not be liable) to now consider a month to month option. Likely he will but changing one's mind does leave one in a bit of a tenuous position.
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Old 05-13-2014, 11:24 AM
 
13,131 posts, read 21,011,866 times
Reputation: 21411
Quote:
Originally Posted by STT Resident View Post
He mentioned all of that in the first post - tenants told the LL they were renewing within the time frame required, were sent a new lease and then they changed their minds and decided not to sign the new lease but move a month after the lease expiration date. Since the LL accepted their written intent to renew at the same rental rate he may not be willing (and may not be liable) to now consider a month to month option. Likely he will but changing one's mind does leave one in a bit of a tenuous position.
Show me in the OP's first post where that was explained????????

I read some of what the tenent said was discussed with the landlord but not the specific issue I raised. This is not about using only what the OP mentioned to come to some conclusion; this is asking the OP to explain a bit more so we have a fuller picture when the subject gets expanded beyond what was originally discussed. Geezzz
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