If my apartment lease expires, am I still bound to the rules and regulations of the lease if I stay on as a month-to-month tenant?

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If my apartment lease expires, am I still bound to the rules and regulations of the lease if I stay on as a month-to-month tenant?

Asked on August 14, 2011 Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The lease (let's say it was for a year) expires at the end of the year term and either expires automatically based on the provisions of the lease or by you informing the landlord in writing you do not wish to renew the lease. If this is the case but you still stay on, you would be considered a hold-over tenant and would be required to pay rent while there (typically month-to-month) until either the landlord pretty much evicts you or you leave. The hold-over could arguably become just a verbal month-to-month living situation and then you would typically give thirty (30) days notice before you leave. Your old lease terms will not apply but rules and regulations of the building of which you must abide to be a tenant will apply.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

To answer your question, you need to carefully read the terms of your expired written lease signed by you and the landlord to see if any of its terms continue in full force and effect after the term of the lease expires where you are considering remaining on a month-to-month tenancy.

Most written leases have a provision within them that once the original term expires, and the tenant wishes to remain in the unit, the term shall be a month-to month with all other terms of the written lease remaining in effect.

From my experience in such matters, I suspect that there is a provision in your written lease stating that when it expires as to the term of the lease, all other terms shall continue being in effect.


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