Didn't get renewal offer - now got eviction notice!

[nsherm]

My sister never received a renewal lease or rent increase notification. No communication at all from LL. Now she has received an eviction notice for end of July.

Can they actually do that? She never refused a rent increase, just never received one and assumed her current rent would remain the same.

Isn't it the responsibility of the LL to pursue the lease renewal / increase? Don't they have to offer her a new lease before they can just evict?

She has been given til end of July to move out.

[ronin]

In a non-regulated apartment the tenant's right to stay is basically what's in the lease. When the lease expires the tenant is left in a month-to-month status which means that the LL can start the eviction process on only 30days notice (as a holdover) which can take a few months and is much more expensive than a non-payment.

The LL has no obligation to renew the lease.

Two things:

1. A holdover is going to be expensive for the LL and the tenant may benefit from pointing this out and negotiating some extra time to move. (You most likely will not want to stay much longer since your LL must have found a new tenant paying a lot more- or alternatively, your LL is an idiot that will kick you out and leave the place empty hoping for a "wondertenant" to drop out of the sky and fill the apartment.

2. Rental market is weak. Good time to find a place- but bad time because of school starting soon, but good time because alot of students have to shack up together because of the economy. Basically, get out there and look. Landlords are making very desperate deals right now in certain sectors because of the extended economic downturn.