As tenants, the lease says NOT less than 60 days prior to lease expiration, Landlord will notify Tenant of proposed terms for new lease. Does this period apply to rent increases? So if the Landlord sends a new lease 59 days before expiry asking to raise the rent say $200, does the Tenant have to pay the new rent including the rent increase? Or does the lease renewal language automatically mean Landlord and Tenant have agreed to the same lease, NOT including the rent increase but for the original rent, for another year? Thanks
Unless the original lease specifically provides that the lease will automatically renew for another year, there is no automatic renewal and the tenancy would convert to a month-to-month basis at the same rent. However, “60 days” does not mean literally 60 days; it means 2 full months. So if a lease is set to expire on March 31 and the tenant receives landlord’s notice offering a new lease at a new rent on January 31, which is only 59 days before lease expiration, that does not render the notice “late” and therefore ineffective; in fact, that would be a perfectly timed notification because it was delivered before the start of February, so it is giving the required 2 full months’ (February and March) notice, even though it is only 59 days. Under such a scenario, if the tenant wants to stay in the rental property, he must agree to the new terms of the lease, including any increase in rent or vacate the premises by the lease expiration date. If the landlord fails to send any renewal notice and the tenancy becomes month-to-month, the landlord can always send a new lease by the last day of a month and the changes would take effect on the first day of the second month after the notice. So, if a lease expires tomorrow, the 31st and no renewal had been offered but the tenant is staying, the rent stays the same, but if the landlord offers a new lease on February 28 with a rent increase, the rent goes up as of April 1.
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