Automatic Renewal Question - Landlord Forum thread 358532

Automatic Renewal Question by AnonInPA on September 2, 2018 @21:47

The other day my landlord sent me a letter in the mail saying he now need this apartment for a family member and is formally giving me 60 days notice to move out. I'm not sure if he can do this, but I'm not quite clear with how my lease is written. I've posted the information from my lease that is relevant below. I would assume it does renew for 1 year, but the one section where the space was left blank is what is making me question it. Any help would be much appreciated.

6.
Length of lease: 1 year
Lease begins on: 3/1/15
Lease ends on: 2/29/16

Unless renewed:
This lease will automatically renew itself for _________ if neither party ends the lease at the end of the original term or of any renewal term. Automatic renewal will not change the terms of this lease except that rent for each renewal term is increased by ____%

End of Lease or Renewal:
(a.) Either party may end this lease at the end of the original term by written notice as listed in Number 6 “Term” of this lease
(b.) This lease will automatically renew if neither party ends the lease at the end of the original term or of any renewal term. Automatic renewal will not change the terms of this lease except that the rent for each renewal term is increased by the amount listed in Number 6 titled “Term” of this lease.
(c.) Landlord may increase the rent or change any other term of the lease for any renewal period by sending written notice to tenant. Landlord must send this notice at least 60 days before the end of the term or of any renewal term.

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Re: Automatic Renewal Question by Garry on September 3, 2018 @00:14	[ Reply ]

Everything I see here, says you are currently in the middle of a 1 year lease, going from March 1, 2018, to Feb.28, 2019. The way I read the termination clauses, either you or the LL would have to give the other a notice of non-renewal on or before Dec.29, 2018, to be effective on Feb 28, 2019. I see nothing else that indicates any other date or time frame that either of you can give a notice to the other. Blank, un-filled-in spaces always indicate the ORIGINAL words or numbers are to be substituted in that space UNTIL a different word or number is used at the start of any new lease. The way I read your lease, is that the LL cannot ask you to be out until Feb. 28 of next year. But that's just me (a LL), and I am not an attorney. This would be a good question to ask an attorney about.

Re: Automatic Renewal Question

Re: Automatic Renewal Question by AnonymousFL on September 3, 2018 @12:14	[ Reply ]

Those blank spaces should not have happened. It was likely an oversight by your landlord, but it would have been wise to call him on it at the time. Water under the bridge now, but something to keep your eyes open for when dealing with agreements in the future. Garry is correct if you can establish that the renewal was for one year. If there is no support for it being 1 year, you may have a bit of a problem. Hard to say though. Who knows what a judge may say for an undefined renewal term. I suggest you find your previous renewal that begain 03/01/16. Hopefully it is filled in with '1 year' in the first space. This should serve as precedence in the event you need to take a stand with your landlord. It is not rock solid, but it is better than nothing. If you live in a multi-unit building, you could also ask your neighbors for copies of their renewal documents. Establishing a pattern of the landlord only doing 1 year renewals should also serve as precedence . You may also consider this an opportunity if you have any interest in moving. You may be able to negotiate a lease buyout where he pays you 1 or 2 months rent to end the lease early. You both may come out happy. You get a new place to live with a bit of money in your pocket and he can move his family intot he rental. If you do decide to give this a try, keep things cordial and friendly. After all, if you do not come to an agreement you still have a landlord-tenant relationship to think about until the end of your lease...at which time he will likely give you a notice to move (which he can do then).

Re: Automatic Renewal Question by L. on September 3, 2018 @12:23	[ Reply ]

I'm going to disagree with the other answers. Unless you live in a rent controlled area, most states allowed a landlord to terminate a lease early in order to turn the rental over to a family member.

Re: Automatic Renewal Question by Thriver on September 3, 2018 @12:46	[ Reply ]

I agree with L regarding if you rent where there is rent control. If there isn't any rent control, then a landlord can issue a 60 day notice for you to move if you're not currently under a lease, or if your lease period has ended. I always just rent month to month, so anytime I can issue a 60 day notice for a tenant to move, although I've never done this.

Re: Automatic Renewal Question by LAMAC66 on September 7, 2018 @12:14	[ Reply ]

Check your state laws, they will define renewal terms. They will give scenarios regarding when the lease expires, month to month, lease extension, what to do when someone stays past expired lease ect.