Can a landlord put you back on a 1-year lease after the the initial lease already expired about 7 months ago?

UPDATED: Mar 31, 2012

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Can a landlord put you back on a 1-year lease after the the initial lease already expired about 7 months ago?

The agreement states that the agreement will convert to a month-to-month after the expiration unless the landlord gives written consent to the tenant 30 days prior to end of the lease.

Asked on March 31, 2012 under Real Estate Law, Hawaii


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Written consent for what?  To terminate or to present a new lease?  The phrasing does not sound proper.  You are with out a doubt a month to month tenant.  That is the law when a lease hold expires.  Only if you sign a new agreement for the apartment would you be a tenant with a lease.  Now, it is possible I guess that the lease self renews upon proper notice  - or claims to - but I am unsure under your state law if that would be legal.  Hold your ground.  You are a month to month.  Good luck.

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