rental leases in montgomery county and month-month extension after the first year? (month to)

[whirledpease]

Hi, a realtor I was speaking with claims that the standard GCAAR lease for Montgomery county in MD, *requires* that the tenant be allowed to stay on month to month after the previous year's lease expires. is this the case? The language she referred me to is in the 'termination/holdover clause', number 24; to me it does not seem that getting a month to month extension is certain if the landlord insists on a yearly lease or some other term or termination of the expiring lease on its last date.

asking as may have to stay a month or so beyond the current (yearlong) lease's last date if purchasing a home.

Thanks
W.

[goldenage1]

Originally Posted by whirledpease

asking as may have to stay a month or so beyond the current (yearlong) lease's last date if purchasing a home.

Look at your specific lease to be sure. The standard lease does not have to be used by a landlord.

[whirledpease]

it is the standard lease, but the language there is confusing..
Padma

[MrRational]

Originally Posted by whirledpease

*requires* that the tenant be allowed to stay on month to month after the previous year's lease expires.

This has always been the common practice among LL's and DEFAULT outcome.

If the LL doesn't act to remove (including a polite ask) the tenant can reasonably assume they
are welcome to remain with all other term and conditions of the lease **including rent amount**
remaining in force. It's only in the last few years that PM's have attempted to reverse this practice
in order to generate additional billings from generating new leases for existing tenants.

hth

[Mr Beco]

Originally Posted by whirledpease

Hi, a realtor I was speaking with claims that the standard GCAAR lease for Montgomery county in MD, *requires* that the tenant be allowed to stay on month to month after the previous year's lease expires. is this the case? The language she referred me to is in the 'termination/holdover clause', number 24; to me it does not seem that getting a month to month extension is certain if the landlord insists on a yearly lease or some other term or termination of the expiring lease on its last date.

asking as may have to stay a month or so beyond the current (yearlong) lease's last date if purchasing a home.

Thanks
W.

Holding Over is different than getting a month to month lease. If you hold over, which happens when you're moving to another location, the landlord usually requires a 150-200% of the original monthly rent after your lease formally expires.

A holdover occurs when the term of a lease expires, whether at the end of the time period agreed to by you and your landlord, or by some earlier expiration triggered by conditions set forth in the lease, and the tenant does not surrender possession, or “holds over.” The purpose of the Holdover clause is to provide a
dis-incentive for a tenant to occupy the space beyond the end of the negotiated lease term.

So, come to terms or leave, but if you stay over, there is a penalty.