We entered into a lease agreement on a home for a year which ended this past April. The landlord raised the rent by 100.00, but never asked us to sign a new lease for another year. Essentially we have no written agreement by either party for the second year. We now want to move and give him 30 day notice. Can he hold us to the next 8 month's without anything in writing?
No. In situations like this, your tenancy rolls to a month-to-month tenancy with all the other terms of the lease agreement in effect.
Andrew M. Bonderud, Esq. is an attorney with The Bonderud Law Firm, P.A. He offers free consultations 24/7. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.
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As long as the lease you signed does not have an automatic renewal provision that required you to give advance notice that you are not renewing, you are now on a month-to-month tenancy and can terminate by giving at least 15 days written notice prior to the end of any monthly period. Be sure to vacate by the end of the rental period to avoid owing double rent as a "hold-over" tenant.
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