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Re: expiration and exception

Posted by Shea on November 01, 2000 at 02:25:26:

In Reply to: Re: expiration and exception posted by Ken on October 31, 2000 at 17:53:25:

My landlord (actually, the realtor who manages the property; I've never dealt with the landlord) let us go for about 4 months without a lease, then called one day and rushed us into the office. We signed the new lease which had the date that the lease originally should have started on. Then we got a notice that we had to pay the extra money from the 4 months that we had still been paying the same amount as our old lease. I thought that because no lease was given to us, we had been under the terms of our old lease on a month-to-month basis. My roommate says that when we signed the new lease, since it had the date on it from 4 months ago, there would be no way to get out of it. Was this legal? We are now paying a little extra every month to catch up. Don't let this happen to you, Melissa! Good luck. (Sorry if this wasn't clear, Ken)

: Without a lease you are a month to month tenant. Which means that your rent, for the time being, stays the same and any arrangements you had under your old lease remain.

: On a month to month agreement, you are free to move out of the apartment upon giving 30 days notice to the owner. And the landlady is free to amend the terms of your rental (raise the rent or end your rental altogether) on 30 days notice (one full rent cycle) to you.

: In your case I wouldn't worry about it much. Lots of people have been under month to month agreements for years. If you keep pestering her about a lease it makes you look desperate. Just take it easy for this month. Maybe she just hasn't gotten around to buying lease forms or something. If you want to be proactive, buy 2 lease forms at a stationary store, read them, and bring them with you when you pay rent next month. Ask her if she'll sign it right then and there.

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