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YAHT:Lease question for ATOT

xaeniac

Golden Member
Feb 4, 2005
1,639
13
81
I have signed a lease two years ago. It is an auto renewing Lease that renews every 6 months. It renews in August and the landlord gave me a 30 day notice for a rent increase. I now want to buy a house, but don't know if I can do it on such short notice, since I know closing takes a while, much less finding a house that I like. What happens if I close on a house a few days after my lease expires and I have to break the lease. I know the place I live would rent out in no time as this place is sold out and I am the only unit that could be available, so what happens if one breaks his lease and any advice would be appreciated. I also don't want to jump the gun with the landlord and they get me out of here before I am ready. So what does ATOT say.
 

imported_weadjust

Golden Member
Apr 23, 2004
1,561
0
0
Talk to the landlord. Tell him/her your situation. Ask for a month to month lease. I own rental property and if someone has been in my rental for two years, has paid on time, and the property is in good shape I would not have a problem with going month to month.
 

waggy

No Lifer
Dec 14, 2000
68,155
8
0
check local laws. usually when the lease ends you are on m onth to month. wich is likely since he is raising it in 30 days.
 

patentman

Golden Member
Apr 8, 2005
1,035
0
0
<div class="FTQUOTE"><begin quote>Originally posted by: waggy
check local laws. usually when the lease ends you are on m onth to month. wich is likely since he is raising it in 30 days.</end quote></div>

<------------------ Studying for Mass Bar Exam now so my head is full of property law:

What Waggy says is generally true, with a few caveats. If you stay on past your lease with no new lease in place (and no provision for renewal), you will be considered a holdover tenant. At that point the landlord (LL) can seek your eviction through the courts; or hold you to a new lease for a term of years (it's called that even if the term is for less than one year). So, the Landlord could stick you with another 6 month lease if local law or prior agreement doesn't prevent him from doing so.

Because your lease automatically renews, holding over will just result in a new 6 month lease, as you expected. I suggest you give your LL notice of your intent to move out within 6 months and ask for a lease with a shorter term, e.g., month to month. You might have to pay a fee (though it should be small) to make this happen and make the agreement enforceable (fee = consideration on your part; release from lease and shorter term lease = consideration on LL's part)

Note: If the LL will not let you out of the lease or give you a month to month, you can stay in the property, look for a new house, and move out when you need to. At the point you move out and manifest an intent not to return, you will be considered to have abandoned the property. If you do this, make sure you notify that LL that you have done so and will no longer pay any rent. In some states the landlord, once notified that a tenant has abandoned the property, is under an affirmative duty to mitigate damages by attempting to relet the place. This is risky though, as if the landlord cannot relet the place, or can only relet for a rental value less then what you pay, you could be saddled with the different times however many months are on the lease. Note, however, that in a other states, the LL is NOT under an affirmative duty to mitigate damages, and can sue you for the whole rental. He's unlikely to get it (as it would be mandating specific performance where a substitute could fill in for you as a tenant), but it will cause you some heartburn.
 

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