So I moved into an apartmnet 5 years ago while in college. At the time my roomate and I signed a one year lease. When that was finished Roomate 1 left and Roomate 2 moved in, we then signed another 1 year lease. After that second year Roomate 2 moved out, I got married, and my wife moved in. We never actually signed a new lease...
The landlord is obviously really hands-off and as long as we mail her a rent check she's happy. Is it our fault or her's that we don't have a lease and can anything bad happen to us as a result? Or is she the one potentially in trouble?
2007-02-08 05:39:32 · 5 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Well, if you didn't sign the lease your landlord could require you to sign one eventually. But if he tries to evict you, he has no record of any contract stating your terms of rent, therefore if you refuse to move he'll offer you a settlement.
2007-02-08 05:47:38 · answer #1 · answered by Anonymous · 0⤊ 2⤋
By continuing to live there after the second lease expired, you have tacitly agreed to a "month-to-month" lease. Either you or the landlady can terminate upon 30 notice. I think this is true in many states.
If you don't want to move, contact the landlady and tell her you want a new lease. Be forewarned, she might increase the rent substantially. she might want to put new conditions in the lease, etc.
The question becomes: do you want to let sleeping dogs lie. If so, don't do anything, but make sure you mail the checks on time, so as not to call attention to yourself.
On the other hand, she might remember and come to you with a new lease. Say, she wants to sell the house, she could give you 30 days notice and yo would have to vacate. I do not believe you have any legal rights in this case.
2007-02-08 05:52:53 · answer #2 · answered by The Cythian 3 · 1⤊ 0⤋
No lease is not a problem. If you want one I can't imagine why she wouldn't want to give you one. No one is at fault per se. A lease defines the terms of your agreement is all. If you have an understanding with her then thats fine. I think it is better to have everything in writing but leases, like other contracts, can't foresee every eventuality.
You might want to make sure your OLD lease doesn't automatically renew unless you advise the landlord otherwise. Ours do.
2007-02-08 06:06:25 · answer #3 · answered by Jim7368 3 · 0⤊ 0⤋
Laws and regulations governing rent and leases tend to be different from State to State, Province to Province, so I would strong encourage you to check with your local rental bureau. That said though, I am pretty sure that there is a general disclosure that covers the automatic extension of a lease whereas the terms and conditions set (such as how much money, when it is due, responsibilities, etc) remain in effect until otherwise specified.
2007-02-08 05:52:19 · answer #4 · answered by Sabrina S 2 · 1⤊ 0⤋
Actually, if you had a change of tenants, it is required that you let the landlord know. If you let her know (in writing) and she didn't have you sign another lease, then you are just on a month to month basis.
2007-02-08 05:53:22 · answer #5 · answered by mydirtylittleself 2 · 0⤊ 0⤋