What constitutes a valid 1 year lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

What constitutes a valid 1 year lease?

I have had 2 leases for 1 year each at my current apartment; the property owner and I signed both. At the end of the second lease, she emailed me asking if I would like to stay for another year and I emailed her back saying that I was interested in staying and asked her to send over the lease for me to sign. She never sent the lease and I never asked for it again. I assumed I was not on a month-to-month lease. However, when I attempted to give her my month’s notice she said I have a year lease. The original leases documentation states that if “writing” is not given then the lease goes to month-to-month. Does the email constitute “writing”?

Asked on November 16, 2012 under Real Estate Law, District of Columbia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is a battle of forms. If you signed the first lease and then you signed a second lease, what made you sign a second lease for the same term? If something changed (some term or issue), the second lease prevails. If the second lease states a year lease, then you have a year lease. You can give notice you won't be renewing the lease and then simply move or arrange to move when the lease is up.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption