How does automatic renewal of a residential lease work?

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How does automatic renewal of a residential lease work?

Over 2 years ago my wife and I signed a lease that had an auto renewable clause. At the end of each term (1 year) the lease will auto renew to a new term. We must provide 30 days notice to the landlord prior to the lease expiring. We have lived here for 3 years. Does the landlord have to provide a “new” or updated lease for us to sign at the beginning of each new term or will the original lease serve as the most recent document? He has never given us any notice either verbal or written that a new term was beginning. Does he have to provide that?

Asked on July 19, 2011 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless there is a law in your State prohibiting certain provisions in a residential lease such as an automatic renewal clause, the terms of the written agreement on the subject, control the rights and obligations of the landord and tenants as to each other and the rented property.

Accordingly, you should carefully read your written lease on the automatic renewal clause of the home's lease. The lease is a contract between you and your landlord.

Usually no new written lease has to be provided the tenant if the lease is automatically renewed unless the lease's terms call for it. If new terms not in the original lease are agreed to by the landlord and tenant, a written addendum spelling out the new provisions should be presented and signed by all parties. Hopefully the above answers your questions.

Good luck.


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