My lease ended May 31 and I didn't get a renewed lease yet. Can I move out on June 30 without any penalties?

Question

My lease does not have any details regarding notice. Also, my landlord has traditionally given me my lease a month or two after the old one has ended. I'm contemplating moving out as opposed to signing another lease with them. I just wanted to make sure me not giving notice wouldn't waive my security deposit.

Answer 1

Nope, regardless of who's oversight, whether it was yours or the landlords for not getting a new lease to you is irrelevant. You must give 30 days, however if you read your lease, some leases state that if a new lease is not signed, you default to a month to month lease, and will still abide to a 60 day notice period, and there could be month to month fee's on top of your rent.
I would talk to your landlord, ask why a lease or an agreement wasn't delivered, and hopefully work a deal to please both parties.
The other side would be, leaving, not paying rent, and getting your credit ruined in the end for skipping.
I hope this helps and good luck
S

Answer 2

Probably not. While the lease has ended there is probably a paragraph that states that after the end of the lease, it reverts to a month to month lease. Also, there is probably another paragraph that states how much notice you must give in writing to move without a penalty, probably 30 days. If there is nothing in the written lease there are state set time periods.

If you want to move, you should probably be able to given a 30 day notice by the end of June, so you can move on 1 August.

Answer 3

Once your lease expired you became a month-to-month tenant, at the same terms and conditions as the previous lease.

If your original lease provided for any kind of notice period before terminating your tenancy then that notice period still applies. For example, if the written lease stated that you needed to give 60 days notice then you still need to give 60 days notice now. If there was no notice period specified then you need to give 30 days notice that you're terminating the tenancy. Make sure you give the notice in writing. Sending it by certified mail would be a good idea.

But read your lease carefully. Some leases say that if you don't give notice by the end of the lease that you're not renewing then the lease will automatically renew for another year. So read the lease before you send any notices.

Answer 4

You may have something in your lease about that. Where I work this is how that goes:
Your rent will most likely go up to "market rate". That is the price of rent without any specials. Ex. you moved in on a special of $550 a month. Market rent is $650, that's probably what you will be charged.
You will also most likely be charged a "month to month fee". At the community I work at that's a $50 per month charge.
Also, when you do move out, make sure you actually hand over your keys to your landlord, otherwise they are legally able to charge you rent because they do not technically have possession of the apartment to re-rent it.
Good Luck! And by the way most landlords are pretty understanding if you communicate your problem and keep them updated.

What state do you live in??

Answer 5

You mention that your current lease does not have any language regarding this, which makes for a pretty sloppy contract, but there may be laws in your state that already address this making in unnessary to mention. Regardless, you probably have a deposit, and you probably don't want to create bad will with your landlord. Let them know you plan on vacating, and ask how much notice they require. I personally would think 30 days is sufficient, but any less could be tough on the landlord, unless there is a waiting list or demand for units in your area. Don't forget to take pictures of the unit as you leave to show you left it in good condtion other than normal wear and tear. The landlord will go in and possibly paint, carpet and do other upkeep. A less than ideal landlord could try to claim you damaged the unit and they had to use some of your deposit for these items.

Answer 6

NO ! When you did not get a new lease (annual) you defaulted to a month-to-month tenancy under statute. You must give a thirty day notice with intent to vacate the premises. If you do this prior to the end of June, you may leave at the end of July without penalty.

Answer 7

Be careful. Sometimes the owner have a "hold-over" clause in your renter's contract, in which the owner can charge you up to 100 or 150% of your rent, since he can potentially lose clients who are interested in long term rental but the owner can not rent the space out when you are still there. The owner would want to recuperate the cost of not able to rent out their space, and you will pay for that. Sign a short term lease or move out!