If a 1 yr lease expired, is it automatically a month-to-month?

The wife has moved out 1 month after the lease expired. Is she still responsible for water/sewer and damages done to my property until the husband moves out?

Asked on July 13, 2012 under Real Estate Law, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, the answer is yes: once a lease expires and the tenants remain in the apartment they are considered month to month tenants, and must give 30 days notice before leaving.  They are responsible for the bills they have incurred during their tenancy and damages as well.  Did the wife give notice?  I would still consider them jointly liable here.  Check with an attorney in your area.  Good luck.

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