If my yearly lease contract is expired, am I still bound by the lease if it does not have a month-to-month clause in it?

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If my yearly lease contract is expired, am I still bound by the lease if it does not have a month-to-month clause in it?

Asked on March 13, 2012 under Real Estate Law, Colorado

Answers:

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

Answered 9 years ago | Contributor

When a lease expires, the  landlord can either treat you as a holdover tenant with a month to month tenancy even if that provision isn't in your lease or the landlord can take steps to evict you.  If the landlord accepts your rent payment, this indicates that the landlord is treating you as a holdover tenant on a month to month tenancy.  The terms of the previous tenancy are applicable to your month to month tenancy.  As a month to month tenant, the landlord only has to give you thirty days notice of a change in terms such as a rent increase.


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