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GST

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Posts: 3
Reply with quote  #1 
I have a tenant who wanted one year lease and I wanted 2 year lease. We added a clause in lease addendum saying
" 30 days prior to the end of 1st year tenant must notify me in writing that he is either leaving or extending the lease to next year".

I didn't receive any communication from tenant at end of first year. Now we are in mid second year. Is tenant under term lease of 2 years or is he on month to month lease as addendum clause was not followed upon.
LLinVA

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Posts: 402
Reply with quote  #2 
If the lease required the tenant to take action either way (to notify you either way) and did not, I would think it would not renew the old lease and convert to a month-to-month. It may depend on the state though.

However, I could also see a judge saying, "Well, you didn't ask them when they didn't give you the notification that you knew was required and late, you then let them stay, so it is reasonable the tenants thought you were okay with this and that they were then under the second year of the original lease."

Did something come up that makes you want to get rid of them sooner, or is this more out of curiosity?
GST

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Posts: 3
Reply with quote  #3 
Thanks LLinVA. I am in NJ and now the tenant is planning to move out and he has given 60 days notice. So wanted to understand the situation.
LLinVA

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Posts: 402
Reply with quote  #4 
I wouldn't fight them. Just list it and start showing it so there is as little downtime as possible.

Our lease automatically renews with a 5% annual increase unless one of us cancels. This way we don't have to do anything to keep going. Ours are also month-to-month so we can easily get rid of someone if they are a problem. 
GST

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Posts: 3
Reply with quote  #5 
Thanks
AccidentalRental

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Posts: 112
Reply with quote  #6 
I'm not a lawyer but I would think you are on month to month.  Your lease said they need to request in writing but it didn't say it will automatically extend 12 months if no notice is received (which may not even be enforceable).  

You are always better off creating a new lease for an extension.  This way you can make any adjustments and there is no uncertainty.

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