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Posted by Zepher on June 11, 2001 at 21:50:21:

In Reply to: wants month to month lease posted by Michael on June 11, 2001 at 12:43:30:

Acceptance of a rent check after the lease has ended does effectively extend tenancy by another month.

However if the landlord refuses your rent and has given you proper notice to vacate, then you have to leave. A lease is a contract both parties enter into voluntarily; by definition you cannot "force" him to sign a lease with you.

: I live in Rochester, NY. My landlord sent me a lease renewal form to sign. My lease is up at the end of July. As I am looking for a house to purchase, I would prefer the flexibility of beginning a month to month lease. He refused. He offer me a 'deal' which was no deal at all. I could sign a full lease, plus an addendum. The addendum would allow me to break the lease, but only if someone was found to take my place. If not, I was responsible for the full term of the lease. The 'deal' was that he would waive the extra month's rent they normally require for this addendum to the lease. Coupled with the other dubious and contradictory statements he made, I don't trust him at all. He had offered me a one month only extension as well, which would help some. What leverage do I have? Is his acceptance of a rent check after the lease ends a de facto month to month lease? I am a good tenant who pays on time, and has always left places cleaner than I found them.

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Comments:
: Acceptance of a rent check after the lease has ended does effectively extend tenancy by another month. 

: However if the landlord refuses your rent and has given you proper notice to vacate, then you have to leave.  A lease is a contract both parties enter into voluntarily; by definition you cannot "force" him to sign a lease with you.

: : I live in Rochester, NY.  My landlord sent me a lease renewal form to sign.  My lease is up at the end of July.  As I am looking for a house to purchase, I would prefer the flexibility of beginning a month to month lease.  He refused.  He offer me a 'deal' which was no deal at all.  I could sign a full lease, plus an addendum.  The addendum would allow me to break the lease, but only if someone was found to take my place.  If not, I was responsible for the full term of the lease.  The 'deal' was that he would waive the extra month's rent they normally require for this addendum to the lease.  Coupled with the other dubious and contradictory statements he made, I don't trust him at all.  He had offered me a one month only extension as well, which would help some.  What leverage do I have?  Is his acceptance of a rent check after the lease ends a de facto month to month lease?  I am a good tenant who pays on time, and has always left places cleaner than I found them.  


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