If my periodic lease has expired and it does not have a rollover to month-to-month clause, how much notice is required ?

I have been sending rent the same without a new lease as I did when period of lease was active.Can I move out before the first day of the next month without paying more? I am positive my landlord did not escrow my $2000 deposit. I am current on my rent.

Asked on July 24, 2012 under Real Estate Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When a lease expires and the tenant stays on the premises, the tenant is a holdover tenant.  The landlord can either evict the tenant or the tenant can continue with a month-to-month tenancy.  By accepting your rent payment, the landlord has elected to treat you as a month-to-month tenant.  No rollover clause in your lease to a month-to-month tenancy is required for you to become a month-to-month tenant after the expiration of your lease.  With a month-to-month tenancy, thirty days written notice would be required to terminate the tenancy.  Therefore, you would owe rent during the period of thirty days after the date of your notice.


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