My lease is up, the apartment management sent me a letter a month a head of time to give me two options either renewal with at least 4 months lease or automatic conversion to month to month with 200 $ increase if I do not ask for new lease.
So I was planning for month to month for two months as I am moving out of state in 2 months.
However, 5 days before the end of my lease I received an email from the new management asking me to renew for at least 3 months as no month to month option is available any more.
I spoke with them, they said it is not their fault and if I dont renew for at least 3 months they will evict me. I was planning to stay two more month on month to month payments as per the written notice that they provided.
Take a look at your existing lease, as it likely already has a clause that converts to month-to-month. If so, you do not need to do anything to convert. That said, they could then evict you. However, if your lease started more than one year ago, the landlord has to give you a 60-day notice of termination. In other words, the eviction process would take them two months if they wanted to waste money on that process.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
I agree with Michael Stevens. I would add that if they were to file and eviction proceeding, it could impact your ability to rent in the future. Landlords can be reluctant to rent to someone with an eviction proceeding on their record, even if it was dismissed.
It is likely that the exact details and wording of your existing lease and their letter regarding your renewal options will govern your options and obligations. The potential options are likely to be 1) they can evict you upon expiration of your current lease; 2) they can only terminate your tenancy with at least 30 days written notice (no, email notice doesn't count); or 3) they can only terminate your tenancy with at least 60 days written notice. If you wish to terminate your tenancy, whenever that may be, you too must provide them with at least 30 days advanced written notice. If you really want to know which option most likely applies to you, review everything in detail with a local landlord-tenant attorney. A single visit should answer your questions and give you an informed knowledge base with which to deal with the landlord. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline