Me and my wife have been renting an apartment from this company for a year and half now. Our lease expired on February this year and we decided not to sign another but instead go month to month. Now our complex is telling us if we sign a new lease then we have to move. They are calling my wife and texting her saying that we have deadline to sign a new lease or we have to put in our 30 day notice. And because we don't want th o sign a new lease then we also have to pay an additional $299 a month. I wanted to know is this legal and what are our options. The bad thing about is we have never been late on our rent...
Car / Auto Accident Lawyer
If you don't have a Lease and are month to month than they can end the Lease but must give you 30 days notice.
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Once your lease expires and you become a month to month tenant, your tenancy is terminable at will so long as proper notice is provided. In most counties in Maryland, the notice requirements are 30 days -- and the notice has to be written. In Montgomery County and Baltimore City, a landlord can terminate the tenancy upon 60 days written notice.
If you don't sign a new lease, your apartment complex is well within its right to terminate your tenancy with proper notice, just as you are not bound to stay in the complex.
This situation has nothing to do with the fact that you've never been late in your rent. This situation seems to be about the landlord wanting a tenant in your apartment for a definitive period of time.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
2 lawyers agree
The landlord has the right to determine whether they want people living in their buildings on month to month or longer term leases. Once you are month to month, they can give you 30 days notice to quit. If you refuse to sign a new lease, then they are well within their rights to give you notice to quit. IF you don't want to sign a new year lease, they may be willing to allow you to sign a six month lease, but you should talk with them and see what options they can provide you.