Can I demand to change my lease from yearly to month-to-month?

Question

My lease states:
a. In the event the parties agree that tenant shall extend the tenancy beyond the expiration date of the stated term, the continued tenancy shallbe on a month-to-month basis. However, the parties agree as follows:
1. All other terms, conditions, and rules of the original lease shall remain in full force and effect except as changed therein.
2. 60 days written notice is required by tenants in order to vacate. Said notice to be given only at the end of a rental period. Such notice to be effective only as of the 1sr day of the month.

Am I correct to assume that so long as I choose to stay and they let me stay I can go month to month? When my brother who lives in the building tried to stay they forced him to sign another year. I dont want anyone to force me to do anything, and I am trying to buy a house. Do I have to explain myself when I request a month to month? Is there legal recourse if they deny me staying month to month?

Just a note: The only reason this all concerns me is because I left a bad area to be in peace and all there is here is crazy tenants and rowdy kids that think the hallway is a playground. AND because a month ago someone went in my car - nothing was stolen - and on Sunday my laundry bags were stolen. The tenants here take all this as a joke and I feel I am one of the only respectful tenants, so when the landlord's agent acts like I'M doing something wrong by complaining, I get pissed. But then I think what's the point of moving now if what I really want is to get a house. I'm very frustrated lately. I know they are only laundry bags and my car is still in one piece, but what if they try again? And something of value next time??

Answer 1

Hmm....first off...demand is a very powerful statement. If you demand ...they may tell you to walk. I would suggest asking if you can sit and talk to them and ask if there is something you can work out with them. Often, however, the tenant will increase the payment on month-to-month leases as it takes away from their security.

But...no, do not demand. Just sit and talk to them and see if they can work with you. Keep cool, calm, and collective and see what happens.

Answer 2

a. In the event the parties agree that tenant shall extend the tenancy beyond the expiration date of the stated term, the continued tenancy SHALL BE ON A MONTH TO MOTH BASIS.

However, the parties agree as follows:

1. All OTHER terms, conditions, and rules of the original lease shall remain in full force and effect except as changed therein.
2. 60 days written notice is required by tenants in order to vacate. Said notice to be given only at the end of a rental period. Such notice to be effective only as of the 1sr day of the month.

So to answer your question, yes. The landlord is required to abide by the original lease agreement which does allow you to continue you lease on a month to month basis.
You might want to refer to your states renters guidelines for more information. This can be easily found on the internet.

Answer 3

You are on the right track with the first line in your question. If you and your landlords agree you can go to month to month on your lease. However that is an option or rather a choice. You have a choice to ask and they have a choice to grant or deny.

1. If they deny where are you? First try to negotiate. Maybe you can suggest a three month lease. Read line 2 again. Your pretty much on the hook for three months unless you decide to move at the end of one month. If you pay on May 1st then decide that you want to move on May 12 then you have to wait till June 1st to give notice and pay June and July's rent.
Offer your deposits or another deposit to secure a shorter lease. The landlord wants to gaurantee their rent that is why the want a year lease. When a tenent just up a moves they are stuck with that unit untill they can fill it.
If negotiations fail and nothing will do but another year lease then you can threaten with lawers and suits.

2. You have threatened with lawers and suits and now you have ticked off landlords. And you resent your landlord for not working with you.

3. Take a breath. Remember life is about choices. Look at it this way. You choose whether or not to sign a year lease. When you choose to stay or move than you are the one that controls your life not your mean landlords who forced you to sign another lease. They can't force you unless you choose to let them.

4. Moving is a pain. But it will probably be better than fighting with your landlord. You never know. Maybe you will find a better apartment or find that house you have been dreaming about.

Answer 4

The answer to your question is in sub (a). "If the PARTIES agree....."

If the other party does NOT agree to let you stay month-to-month, then you can be forced to move. It is well within the rights of the landlord to require a year's tenancy lease. If you decline, you will have to move. Decide NOW if you want to stay or leave, and then take action accordingly when the end of your lease draws near.

Answer 5

the owner is one hundred% incorrect. you have a valid employ till Feb 28, 2013. leases run with the valuables, not the owner. So the recent proprietor will would desire to honor the employ. era. If the present proprietor, or the recent proprietor needs you out, then they are going to would desire to pay you off. besides, you're under NO criminal accountability to coach the valuables or enable it to be shown throughout the employ. you have a criminal suited stated as "quiet entertainment". Google it and assessment your rights.

Answer 6

Acermill is absolutely correct. You didn't really think the landlord would give you a contract that lets YOU dictate the terms by which you stay in HIS property,did you?

Answer 7

yoiu can but your landlord can charge you more than he would if you were on a yearly.