Renewal Lease

[micferg]

If a landlord sent out a renewal lease to someone, they execute it, but then the landlord wishes to not renew the lease for various reasons and does not execute it do the tenants have a right to the apartment should it end up in court?

What are the implications if any for both sides?

Appreciate any advice on the matter!

[ronin]

This is not the regulated scenario. No tenant should ever execute a lease or non-regulated renewal without securing a signed copy (preferably a duplicate original). If the tenant has executed the renewal without getting a signed return copy the LL can try to cheat them by refusing to renew if they find someone willing to pay more, and by locking them in to the lease if they can't.

However, these stupid little LL tricks have a way of backfiring. The fact that the LL sent a renewal and then didn't sign it also sounds in non-LL/tenant law. With any LL that has a business office a claim, or affirmative defense, of fraud could be brought against the LL. Some clever lawyer could do a federal class-action on behalf of tenants for mail fraud (only need about 20 tenants or former tenants). The legal fees alone would lay waste to any profits from the renewal scam.