When we re-negotiated the monthly rate without signing a new lease did that make our current lease month-to-month?

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When we re-negotiated the monthly rate without signing a new lease did that make our current lease month-to-month?

We decided to leave after finding an apartment with a lower rate. Our landlord asked us to stay and re-negotiated our monthly lease rate. Are we now on a month to month lease? Or did we simply change the rate for a while new year? We didn’t sign a new contract.

Asked on December 14, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to answer your question, you need to carefully read the presumed written lease that you have for the unit that expired in that its terms and conditions control the obligations owed to you by the landlord and vice versa absent conflicting state law. If the expired lease has language in it stating that if you remain without signing a new lease that the new period is a month-to-month lease, then it is.

From what you have written, it appears that if your prior lease has expired and you are now remaining in the rental without signing a new lease, then the oral lease that you have with your landlord that you negotiated is a month-to-month lease.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your old lease expired, then you would be on a month to month rental, per an oral lease.

If your old lease did not expire (e.g. it still had time left to run in it), then most likely you are still governed by it for the balance of its terms, subject to a mutually agreed upon modification of the rent (contracts can be modified by the agreement of the parties to them). However, it is impossible to say this for certain, since much depends on exactly what was said, the terms of the lease, the substance of any correspondence, addenda, emails, etc. on the subject--in short, the specific facts will determine exactly what the state of affairs is.


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