Can a lease be rolled over for another year without the tenant’s consent?

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Can a lease be rolled over for another year without the tenant’s consent?

I rent a apartment. My lease was up almost 6 months ago and I never signed a new lease. My landlord sold the property to a property management group back shortly after the lease expired. I then figured that because I didn’t sign another lease for a year we were going month-to-month. However, I called to see what the procedure was for moving out and they said my lease isn’t up for another 6 months. Yet I never signed anything. They told me they rolled over my lease for another year but they never notified me. Can they do that?

Asked on September 17, 2014 under Real Estate Law, Pennsylvania

Answers:

Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

They can only do that if there was a provision in your old lease saying they can do that.  This would be unusual in a residential lease.  It is more common in a commercial lease.  Check the terms of your old lease for a provision saying it will automatically renew for another year unless a party provides 30 days notice of intent to end the lease at the end of the first year.


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