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Month to months leasing questions please. - Landlord Forum thread 353748

Month to months leasing questions please. by mike (New York) on August 9, 2017 @15:12

                              
Hello all, I am a landlord seeking accurate advice on month to month leasing situations and would appreciate any help please.

To begin with, tenant had moved in 2 years ago but never actually signed the lease my mom had given to them. One RE guy is telling me that we are automatically under month to month leasing rules, is this true or false please?
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Re: Month to months leasing questions please. by Anonymous on August 9, 2017 @15:54 [ Reply ]
In most states if there's no written lease and they pay monthly, then it's considered a month-to-month agreement.
Re: Month to months leasing questions please. by Gernot (NY) on August 9, 2017 @16:11 [ Reply ]
It would be a decision of a judge;
One might consider that it is a month to month agreement, but; another side would be that since each party acted as it was a year lease.

Anyway, at this point, if the lease was not renewed either automatically or by writing, the terms have reverted to month to month by default.

I personally would not be taken legal advice from a RE guy, but from an attorney who is involved in landlord tenant law in your area.
Re: Month to months leasing questions please. by Celia Bonavita. (Any state) on August 13, 2017 @08:57 [ Reply ]
Hi,

Most leases that are month to month = 30 days notice to vacate after a week notice to do so. But, it has to be in writing. You can give it to them personally, and mail it certified and/or tracked. Do not tell them you are sending it or they will not sign. If they refuse email is also upheld in court, from what I understand.

Speak to a lawyer. They intended to occupy without contract - as can be understood from their response and they are taking advantage of your mom and your family.

Without a contract, you have no expressed rights to deposits etc.

Speak to a lawyer for free - Nolo or other sources.

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