Do I need to sign a new lease if my old lease provided that after it ended I would be a month-to-month tenant?

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Do I need to sign a new lease if my old lease provided that after it ended I would be a month-to-month tenant?

I had a 1-year lease. My understanding was that at the conclusion of the lease I would be on a month-to-month basis. Wording of lease: TERM: The term hereof shall commence on “X date” for a period of 12 month(s) terminating on “x date” for a total consideration of “$X amount” which shall be due and payable on the “date of the month” and continuing thereafter on a month-to-month basis in accordance with the terms and conditions of this lease. At the completion of said term, resident shall return the keys to agent within “X days” after the resident shall be out of possession”.

Asked on September 25, 2011 under Real Estate Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

A new lease is not necessary because the language in the original lease provides for a month-to-month tenancy after the original lease ends.  If your landlord has a new lease for you to sign, it would be advisable to sign it, but if your landlord does not have a new lease, it is not necessary because of the language in the original lease.

Even if that language had not been in the original lease, when the original lease ended your landlord continuing to accept rent would mean that you have a month-to-month tenancy on the same terms as the original lease. 


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