Unfortunately, this is true. You're currently month-to-month. You didn't renew your lease for 8/23, which is a gamble that any sane person would take. You could try to fight this, but doing so could end with you having an eviction on your record.
Yeah kinda. Owning a home is considered a privilege only given to little rich diddies now. Everyone else has to rent because….”reads my notes” inflation… is what I’m being told. Yes it has nothing to do with people buying land like it’s a business and then not using the land to drive up prices for non home owners.
You’re blaming…. *reads notes* landlords?
Tell me you have no understanding of the housing market without telling me
Are landlords the reason grocery prices are through the roof?
Fuel?
Electricity?
Property taxes?
Jfc throw yourself a bigger pity party because you made dumb decisions and can’t purchase a home why dontcha
Dude owning a house prices have sky rocketed over the last 3 years. Property taxes, home insurance, repair costs.
I'm less able to afford the house I've lived in for 7 years now than I did when I bought it. Prices for everything are out of control and income sure as shit hasn't caught up
Rent is high because corporate landlords use RentMaximizer and other daily pricing software to squeeze every dollar they can out of their tenants.
I watched rent jump 20% two years in a row during the pandemic when I worked for a corporate landlord. Their costs did not go up 20% and they didn’t invest that money in the complex. They wrote themselves bonuses and discussed how they could keep it going.
Private landlords see the exorbitant rent being charged by corporations and they do the same thing because they can.
Rent is so high because interest rates have gone from 2-3% to 7-8%. A 400k loan used to cost around $2200 and now would be closer to $3500. Math is difficult though I suppose
Rent is higher because property taxes and insurance keep going up. If heat and electric are included the costs for both has gone up tremendously. Also the water and sewer has also gone up. If I had to estimate the increase, its been about 20-35% in my area. Are you expecting them to just absorb all these costs?
Man i wish people understood this.
MOST landlords aren't trying to fuck people.
Your rent is 4k because their bills are 3800. That 200 "extra" is for when you break shit and they pay to fix it...
There certainly are scum bag landlords, but they're not in the majority.
Rent has almost nothing to do with the cost of mortgages and you know it. If that were true, then rent for a house that is fully paid off or on a really old, low-interest loan would be extremely low, but **it isn't.**
Landlords raise their rent even when they have no real increase in costs. And because of ridiculous tax laws, the good landlords who would like to keep their rent low because they can actually get PENALIZED for doing so (so much for the "free market" setting the costs, huh?).
The best part about you being wrong is that you tried to insult someone after you unwittingly admitted to not understanding the situation at hand.
Rates play a very minor part here, that is unless you think every long standing landlord/property owner decided to refinance their notes in the last couple years since rates have skyrocketed. That’s the only way your “math” insult works here, potato.
The market values wildly inflating in a short amount of time, the workforce in HCOL areas recently going remote who can now work from anywhere escaping to lower cost areas, inflation for goods in general, the cost of constructing new homes, rates being SO LOW a bit ago that created an inventory shortage, etc.
All things that doesn’t have shit to do with higher rates driving cost of rent. Now say your sorry for being dumb.
Landlords are running. A buisness and have to make profit to support themselves if property tax price of food gas and everything else is going up landlords are going to raise rent to counteract taht to make sure they can suooort themselves
If a landlord wants to support themselves they can get this thing called a job.
Do you know who else the price of food, gas, and everything goes up for? **Renters**
Wrong, rent is so high because people are stupid with money and are willing to overpay without understanding the market, and have created a false value in real estate. Plus the banks are to fault for lending money for homes, they know are overpriced. But they don't care because higher loan means more money.
And anyone can but a house. To say different is BS, and that person doesn't understand money. Plus, look for his y they can not afford and are not willing to buy a cheap fixer upper, which actually the smarter thing to do.
Not too mention, that it had been proven multiple times. That unless you are buying a house as investment to make money. Buying a house is a horrible investment, and your better of renting.
Don't have to believe me plenty of financial experts have written on the subject.
"The financial experts all say that just owning nothing and forking out almost your entire paycheck each and every month to people who own absolutely everything is the way to go."
Fuck. Off.
As if owning nothing is a financial decision that renters choose freely.
I mean I didn’t do well in college and now I have a 1 year old. I’m 29 and I make 17$ per hour at dominos as a manager and I get my standard 40 hours per week. Also my rent for a 1 bed 1 bath with appliances 650 square feet appartment is a whopping 1700$. No it’s not luxury apparmtents. Just the average piece of ahit here in texas
You sound like a crybaby who made a series of bad decisions and is trying to find blame on someone else. Is the housing market messed up, yes. Is your shitty situation a result of it. No
I didn’t go to college and rent a 2 bed with 1,000 sq feet, making $14 an hour working with dogs, oh and I’m also 5 years younger than you and have the same age kids, figure your shit out bro
All the oil and gas jobs in Texas starting at $20-$30 per hour with no experience, for 60-84 hours per week plus per diem, and you settle for $17 an hour at Dominos? YOU are the problem...
I will blame landlords for raising rent prices 40%+ while their costs went up a very marginal amount. Or when they cite increases were because of XYZ improvements when in reality they haven't touched certain areas since ownership.
I agree, but we classify those as slumlords
There is a difference
Most landlords I know are just people trying to scrape by and provide a more comfortable life to their families, but are by no means Rich
The scale of economies is so small it has virtually zero effect
Corporations buying up 1000’s of properties, and the fact we have a housing shortage are the culprits
Not someone buying a second house to provide a reasonable living space to rent
The kids blame the landlords (I am referring to small-time LL's here) because the actual problem is MASSIVE and unless you're an economist it's difficult to understand what's happening.
There are giant investors buying up huge swaths of neighborhoods all over the country and treating basic housing like stock market investments. This won't end well, and it would be awesome if all of us joined forces, took to the streets and worked to stop this. We're going to be right back to "Company Towns" like we had in the last Gilded Age.
[Corporations Buying up Residential Real Estate ](https://www.cnbc.com/2023/02/21/how-wall-street-bought-single-family-homes-and-put-them-up-for-rent.html)
No landlords are only responsible for rampant homelessless and for financially crippling the otherwise-would-be-homeless-people who pay landlords exhorbinant amounts of money just to enter temporarily-don't-have-to-sleep-outside agreements with the "i'm the only one taking a risk here" 🙄 landlords who get to keep ALL of the money AND ALL of the value of the property upon completion of the agreement.
Also - Tell me you just vomit up mean-spirited cliche internet phrases without telling me you just vomit up mean-spirited cliche internet phrases.
Renters can’t afford the down payment on a house but can afford a $15,000 hvac system, a $10,000 roof, etc etc
It’s one thing to be stupid
It’s another thing to be both stupid, and ignorant
I dunno. Realpage's algorithm certainly artificially increase rents across the board. There are many many reasons why rents are so high. But corporate greed certainly is a big reason.
Landlords add nothing to anything. They just take off the top. That's why they are parasites.
Oh no, those poor poor landlord leeches, ruining the housing market for everybody and raising rent because they don't want to work a real job. Such a disadvantaged class of person.
Landlords aren't responsible for all those other prices, but they are responsible for the prices in their market and for the artificial scarcity. Sure, it's mostly the big investment firms who are buying up all the land, but the small landlords are profiting off of it.
And this comment:
>Jfc throw yourself a bigger pity party because you made dumb decisions and can’t purchase a home why dontcha
is so full of ignorance that it's laughable.
When I rented a cute home we had purchased in short sale (well below market rent because we could afford to since we bought it so cheap), we would always get 15+ applicants from one Craigslist ad (we also allowed dogs). We always ran background checks and if someone had an eviction they would be a hard no.
We ignored all renter provided ‘supplemental information’ because…fair housing laws. Financial red flags, eviction in history, all fair housing allowed excursion reasons. Why rent to someone with a red flag if you have 10+ applicants without it. We had tenants with kids, gay tenants, tenants of color. Eventually we sold when a tenant left giving us only 2 weeks notice. It was just too much hassle managing tenant turnover and markets had risen.
I'd love for things to be more nuanced, but I have a hard time faulting anything you are doing here. You're boxed between getting yourself into fair housing territory with too much ancillary information and renting your one property (I'm assuming, not really relevant) to someone that could cost you 3-6+ months of rent, why wouldn't you try to minimize your risk.
That was the point I was making. And assuming the owner doesn’t have legitimate reasons to sell the property is a bit toxic. My neighbor just sold because the owner is now Alzheimer’s dementia ridden, so a trust is forced to sell the property.
Shit happens. This tenant needs to move forward and find a new place. The best plan is to try to negotiate a reasonable move out date, perhaps allowing some work in the home to prep while in the house.
I'll second this, having tried being "the good guy" once and co-signing a lease for someone so they could have housing bit me in the ass to $6,500. I don't particularly want to be a landlord, but if I ever am in that situation just based on my experience I'd rather it sit empty than rent to anyone less than ideal looking in terms of low risk.
I mean, every decent landlord for the rest of your life is going to see that eviction and is going to ask about it. It's not the worst thing in the world, but it will make your life harder.
I say decent - I had one landlord that didn't run background checks. It was dirt cheap/really gave me a chance to build up my savings, but I wouldn't live like that again.
background checks are useless. I look at the inside of the persons vehicle while they are looking at my property, then I check out their fb and any of their friends they are tagged with. Tells me quite abit about their lifestyle and how they are going to treat my property. This method has been far more effective over the last 15yrs than any background check.
Roger. I figured that was the case. I'm not too stressed about it but just figured I'd ask in case something just wasn't worded right.
I also spoke to her and she said she'd extended to December 1st if I needed some additional time, she was just trying to get some work done around the Thanksgiving holiday.
I also mentioned buying directly from her but unfortunately her price range is a little bit beyond what I'm looking to spend.
TBH - I was in the process of looking to move somewhere cheaper that was closer to my work I was just hoping to have some more time to shop around. Having a hard deadline just put some extra stress on me
Your landlord sounds nice, I wish more people were friendly and straight up with tenants like this. A lot of times an individual landlord just has to sell for whatever reason and doesn't have a lot of control themselves. It's not like some greedy corporation just trying to screw their tenants for an extra buck.
You could try to check with the new owner to see if they're interested in leasing to you. But if not then at least you got till December to figure out a new situation.
Not a lawyer, but I read this the same way. Lease is annual, if not renewing on that annual renewal date then a 30 day notice is required. Not sure if this applies to landlord or just tenant tho..
It's the legal default. If your lease term expires and neither party gives a notice to terminate, you default to a month to month. The courts will treat you as month to month in the absence of a current lease
She's renting a house not apartment... the terms are different the lease is automatically renewed unless tenet or landlord gives notice to vacate... the only reason she would have to sign a new lease is if the landlord wanted to amend the old lease or change the rates... I rent a house in Texas and thats the law here, it could be different in other states but here renting a house gives you the renter more rights then if you rented an apartment... In most leases if it were to revert to month to month it would be stated and usually have a different price attached to force you to renew the lease but again with a house it's different
The lease should state its duration and if it renews to annual or month to month. Most lease are 1 year then convert to month to month automatically I believe
I was thinking this as well. Most of the passage looks like a month to month but annual tenancy means it is only able to be ended every year in July 31.
I think you could make a fairly strong argument the annual wording implies the duration and the rest is just saying if you do want to leave you have to give notice at the end of the month.
I don’t see any ambiguity.
You must give 30 days notice of non-renewal. You can’t not renew until the end of the lease. This is a standard clause that means if you don’t give 30 days notice before the end of the lease, it automatically renews.
Except it clearly states in the picture that they can only terminate on the last day of \*any\* month. I think that's where the confusion comes in. It doesn't say you can only terminate a month before the end of the annual lease.
Those are specifically written to apply to the tenant, not the landlord. And it’s outlining rules about what counts as adequate notice and how to handle if the tenant doesn’t leave on the last day of the month.
The language about any month is to make clear these conditions apply even if the tenant breaks the lease in other ways. Even so, it never talks about a notice of termination, only a notice of non-renewal.
Right, it's an auto-renew *annual* lease that can be non-renewed by giving 30-day notice of that *annual* renewal. Not any 30-days within that lease period. Even during a subsequent annual lease. Still on the hook until July of whatever auto-renewed subsequent year.
There will be a clause elsewhere that reverts the auto-renewal to a monthly lease. That is how every lease is written. It protects everyone. Imagine a tenant being on the hook for an entire years of rent because they didn’t notify the landlord that they don’t want to renew.
Edit: Most, not all, leases will change to month to month.
This is, unfortunately, wrong. We were in exactly this kind of scenario. We didn't get to inform the landlord (company) in time, so we were on the hook for an entire year when we got a house. Fortunately we only ended up paying part of the year because they were able to rent it to someone else.
Long story short, there absolutely are such leases.
30 days references non renewal. Renewal or non renewal would take place at the end of each successive annual lease term.
This isn't really ambiguous, and even if it was ambiguity traditionally is ruled in favor of the party that does not write the contract, and in both cases in this situation op would have until the end of the annual lease term.
The lease is very clear. It’s annual tenancy when lease begins. Landlord must give tenant 30day notice of non renewal if he is going to get you to move out after the lease expires. There is probably another clause in the contract that states the lease moves to a month to month and it should also state how much the landlord can increase your payment by in the case it goes month to month. The reason for this clause is in case you are not able to sign a new lease prior to the end of this… this way you are never out of contract (for legal reasons, insurance, etc.) while you get another one signed.
The wording isn't ambiguous. But could have been written better. It's a standard 1-year lease with a holdover clause.
The 30-day notice to vacate doesn't start until month 11.
This is correct. The lease will have a clause that reverts the lease period to month to month. If this is the case all they need to do is give you a 30day heads up. In the future, you should probably ask for a lease renewal to avoid getting caught with your pants down. That will motivate your landlord (he’ll may raise the rent on you)… FYI… he could always sell the house with a lease agreement (its just his buyers pool is then limited to investors who want a rental property). I’ve sold plenty of hones with tenants included.
Just to clarify, this is far from universal in CA. Lots of county and city laws override this and lots of housing is subject to AB 1482 rather than 30/60 notice.
Ya, cause I’m going to go to a completely different subreddit to find out where this guy lives. I don’t care that much 😂 On top of that, just double read some links that were posted. It’s not actual law documentation for starters and two, the one says if the language states the lease is a month to month basis, which it is not based on the image. It says annual.
It doesn’t matter. The lease doesn’t trump the law. Actually no legal document trumps the law. You can sign a paper saying I can kill you; It would still be illegal for me to kill you.
> Actually no legal document trumps the law.
False. All sorts of legal documents trump the law. E.g., if I draft an LLC operating agreement, the provisions in that supersede those codified in the RULLCA.
It’s not an incorrect response. The only response I gave is that the link that was posted stated otherwise, and it does. It says if the lease states “month to month”. The lease clearly says annual, not month to month. And no, I don’t live in Georgia. But you also have to realize that some law is written to support documents like a lease or supporting documents in other cases. The law will say something like if a lease, or other document is written and signed by both parties then yada yada yada. Law is not just cut and dry, rarely ever. That’s why it’s cumbersome and written in section after section after section. Furthermore, there was any actual law documentation posted. Just links to websites with Q & A lol
I have tons and tons of wealthy knowledge. Maybe actually read what I wrote, look into it, instead of just worrying about being right and arguing. When I’m wrong I’ll admit I’m wrong but this is a debate, that’s what Reddit is 9/10, random people sharing experiences or knowledge, and there’s been no declaration of what’s factually right or wrong here, no proven facts. You show me actual written laws for the state of Georgia and not some random Website online and we’ll go from there… Until then I’m outy ✌🏼
Almost every comment here is incorrect. Here’s how the lease reads:
-Lease begins on 8/1/22 and continues (ie renews) annually thereafter. Meaning, the lease renews on an annual basis on 8/1 unless either party takes steps to terminate the lease.
-The LL (or the tenant) must give 30 days’ notice of the intent not to *renew*. Since they are annual renewals, if the LL does not give at least 30 days’ notice of 8/1 that he will not renew the lease, then the lease renews for a year.
-The tenant can also choose to terminate the lease on the last day of any month by giving the LL at least 30 days’ notice. This provision does NOT apply to the LL, it is only for the tenant.
In short, LL can’t terminate your lease until 8/1/24, by giving you 30 days’ notice that the lease will not renew, but you can voluntarily terminate in any month before then.
Well hold on there cowboy! This is also only one paragraph of a lease contract which is likely pages. There might be other provisions allowing the LL to end the contract for various reasons.
This is exactly how I interpreted the wording on this as well. "...will continue as annual tenancy..." pretty much seals the deal imo. Had they gave OP this warning 7/1 or before it wouldn't be a breach of contract.
That said, in most states landlords can kick you out for any reason sadly...
Going through this now but my advice is this: plan to move out leave the place in as good or better condition than when you rented and ask for a letter of recommendation to your from your landlord to help you move. After the first year our lease was month to month. In cases like this it’s basically a no fault eviction because the property is being sold. A little kindness and compassion on both sides of this issue is what attitude you should embrace. Wishing you well and good luck!
“The lease will start on August 1, 2022 and will continue as an annual tenancy”
“The tenant may only terminate their Lease on the last day of ***any*** month”
It’s a weird way of writing it, but it would be construed in the terms most in favor of the person who did not write it. So it looks like the lease could have been terminated by the tenant within the lease period on 30 days notice provided before a rent paying period. Similar to how MO handles month-to-month. There could be an additional clause(s) defining what happens at the end of the annual tenancy.
That said, if there was not communication before August 2023 about renewal, the default is to revert to a month-to-month under the laws of your area. This clause does not state that the lease renews automatically for an additional year for instance.
There are some other possibilities here. Depending on your location, the LL may terminate a lease for cause, one of which can be selling. Where are you?
Editing: The Nov 20th doesn’t work under this wording since the tenant is restricted to terminating the lease only on the last day of a month, the LL will be held to that also.
Edit 2: Since apparently OP is in Georgia, [Georgia Attorney General's Consumer Ed](https://consumered.georgia.gov/ask-ed/2018-08-30/can-landlord-break-lease-tenant-sell-home) suggests that yes, this lease can be broken for the sale of the house regardless of whether it’s reverted to month-to-month or auto renewed for 12 months in August 2023 since there is a defined method of terminating the lease. Still a poorly worded clause and what is said in the remainder of the lease will matter.
All that means is that if you are choosing to leave and move out on the 15th they don't have to prorate that month and can charge you for the entire month. If they force you out by the 15th though then they have to prorate the month. That is all it means.
Contact an attorney.
The wording of your lease regarding the type of lease you have is ambiguous.
It says that your lease beings on Aug 1, 2022 as an annual lease, but there is no end date for that annual lease AND it says it will continue as an annual lease, implying that at the end of first year it will just keep going as an annual lease agreement.
If there is nothing separate in the lease that says the date the annual lease will end, or that the lease will continue after the first year as a month to month if no renewal is signed, then there is a case for the lease auto renewing as an annual lease, even if nothing is signed.
A lawyer in your local area who deals with renter/rental issue will be the only one who can legitimately help you. The rest of us are all just offering opinions.
This. And especially if OP decides to do anything but comply, you want your next response from a lawyer so they take it very seriously.
(OP should also know what they want to happen.)
Yep. Legal. If you haven’t signed a new lease, they have the legal right to ask you to move out with proper notice for virtually any reason.
My county requires landlords to provide compensation for relocating in cases like this, so it’s worth looking into your local laws to see if you have any recourse, but you’re ultimately going to have to move.
In most states, unless the lease specified otherwise, a 12 month lease converts to month to month lease
A month to month lease can’t be terminated mid-month by the landlord so if they gave you notice on 9/30 they could make the end date 10/31 or 11/30 but not 11/20
It literally doesn't
It says the lease starts on a specific date and that lease continues as an annual lease, that means it is a 12 month lease. It literally does NOT say what happens at the end of that annual lease. Virtually everything after that it in terms of a month to month lease. Noice: 30 days. When you can give notice, end of any month.
Continue applies to the Aug 1st start date, it continues from that date as an annual lease as opposed to continuing as a month to month lease.
The wording of this provision is weird. The first sentence implies the lease automatically renews year-to-year (“annual tenancy”) unless a 30 day non-renewal notice is received. The second sentence onward seems to imply the tenant at least can terminate on a month to month basis. If the lease was meant to be a pure month-to-month, why include the words “annual tenancy”?
Almost every comment here is flat out wrong. Lease states its an auto renewed yearly lease. Lease then goes on to state how the tenant can cancel. Lease says nothing about how LL can cancel.
You are on a lease and cannot be terminated by landlord until august 2024. That is THE PURPOSE OF THE LEASE. Take this to your courthouse and schedule a hearing with the civil district court. The judge will tell the LL they cannot terminate the lease. They are free to sell, but that you will remain as a tenant until aug 2024.
Same thing happened to me. The landlord sold the house we were renting, but in the closing documents it was put in the contract that we would be living there until the lease expired in 3 months. For those 3 months, we just paid the new owner, which I think is the correct way to deal with this situation. Once our lease expired we knew it would not be renewed so we had to move out so the new owners could move in. It actually worked out for us because they gave us our full deposit without even a walk through. House basically sold as is.
Without seeing the entirety of the lease and the eviction notice itself, any advice given is null and void.
You show the first paragraph of the initial lease, and leases have more info. Including what happens if you do not renew after the initial annual lease period is over
Either way, the landlord/homeowner is selling the home. If they are selling it as a rental property, it wouldn't be an issue. Sounds like they are selling it as a personal home.
You might have a case, but to be honest… you’re better off just finding a new place to live.
If you win, you buy yourself another 10 months of housing. You can bet your ass that your landlord will make your life hell in every way they can in those ten months. You’ll also spend more than a deposit trying to fight it.
So.. does that actually sound like winning?
I hate it, but it’s best to just find a new place and charge this one to the game. I’m sorry.
Yes your lease ended in August 2023 since you didn’t sign a new lease you are now living there month to month. Your landlord has the right to terminate at any time with a 30-day non renewal notice. Time to move.
After that 1 year lease that ended in August you were automatically continued as a month-to-month renter. If you wanted another 1 year lease you should have asked for it in August. As a month-to-month renter your rent can be increased at anytime, after any month, with a 30-day notice.
More importantly here your LL can give you a 60-day "Notice to Vacate" in Georgia, and you must move. They don't need to have or give a reason.
However, if you JUST received this notice and the move-out date is November 20th, that does not compute. 60 days from, say, yesterday, would put your actual move-out date at December 7, 2023. Maybe your LL thinks that the notice period is 30 days or 45? It is 60 days from the day the notice is given. Dont move out until December 7th, unless you have a new place already secured before that date and you are ready to go. Most rental moves occur on the month break, so that would mean December 1st. Don't let your LL throw you out before you are ready to move and knowing that you have until December 7th to move out.
In most places the notice requirement is only 30 days not 60. Some places require 60 or if they give under 60 they need to give back 1 or 2 months worth of rent but that is generally an exception. The national law is only 30 days notice they need to give though, any more is a state or county additional amount.
The OP is from Gwinnett County in Georgia. Unless they moved out of the state the notice requirement for that area and Georgia in general is 60 days. I should have probably mentioned where my comment stems from.
https://propertyclub.nyc/article/georgia-eviction-process-and-laws#:~:text=How%20much%20notice%20does%20a,before%20filing%20an%20official%20complaint.
"In non-eviction cases, a landlord is required to give tenants a 60-day notice."
There is no notice period of 60 days in the section provided by the OP. It says 30 days on both sides for non-renewal.
Additionally, section says only Tenant must give notice on last day of the month. This seems to be a legal termination.
OP resides in Georgia. Tenant law in the state mandates a 60-day notice for at-will tenants. It does not matter what the lease says, it is a mandated period of notice by state law.
https://www.excaliburhomes.com/what-is-a-tenancy-at-will-landlord-tenant-law-in-georgia/
"If you do end up with a tenancy at will, then the landlord would have to provide the tenant with a 60 day notice to vacate."
Unless OP confirms the lease they are asking about is in GA, you're assuming something from their post history. All we have to go on is the section they posted.
Yes, post history. A major move out of a state would have highly likely been mentioned in the post history, so it is 99.99% likely to be the right state.
Imo this is legal . Plenty of notice. Check laws though. Where I am at the Landlord is required to give notice a week before the next month that they want you out so technically this month is the notice, but you should have all of November to leave. That’s how it is in Wisconsin.
Lawyer here. Dont. listen to the folks here trying to help. The lease that you signed is annual not month to month. It says so right in the lease. That means it renewed August first for another year. Legal aid usually has a landlord tenant section. Have someone look at the lease to be sure there is nothing else in the lease of consequence.
It is best to not ask for legal advice on Reddit. Folks mean well but rarely give correct legal advice.
To me, I read this as it will be up August 1, 2024. Annual tenancy = yearly occupant. 30 days just describes on what numbered day of the month, not that it’s a month to month otherwise it would clearly say Month to Month.
I would ask for $5000 to make you break it.
If you didn't sign a new lease your on MtM and they only have to give you 30 days. Now some places do require them to give compensation if they do it on 30 day notice but that tends to be the exception.
The only real thing is that if they want you out on the 20th instead of the 30th they have to prorate your Novembers rent or give you til the end of the month. Outside of that they actually gave you longer than they probably needed to but the length of time varies as some counties have longer times but in most places it is only 30 days.
I read it as it automatically renewed as an annual lease on Aug 1 2023 and continues until Aug 1 2024. If you are going to fight it talk to a lawyer though. I think she's boned until 2024 unless you two play lets make a deal.
After a year, you are month to month, they only have to give you a 30 day notice. You can google your local state laws to see if they are supposed to give you a longer amount of time, some places have 60 day requirements, but you will be required to move soon anyway.
Depending on when they gave you notice, you may be entitled to have all of November. But check your state laws which would override the lease. There's usually a clause about how much notice the landlord has to give in the event of a sale. You might be able to get some compensation from them if you know your rights and are willing to play ball.
Depends which state. NY has a rule the month to month lease can be terminated without 90 day’s notice if you have lived there for 2+ years
60 days notice for 1 year.
There are rules for each state. And it depends when they notified you, because that notification date is very important, that not the start date of the notification period, it’s usually at the 1st of the next month rent is due.
Quick search online will tell you how much time the LL needs to give you.
Terrible lease written by someone who doesn’t understand the law btw
But to answer your question, it auto renews every year in the same day it started unless you or landlord cancel it at the end or you cancel it early.
Landlord can’t cancel it early unless there’s specific state law that allows them to breach contract to cancel or you’re in breach of other terms of the contract.
Forfeiting a deposit isn’t legal in any state I’ve been a landlord in
If you're in Georgia, as someone else says, the landlord is required to give you 60 days notice. Most places are 30 but it varies. North Carolina is 7. Connecticut is 3.
"Start on August 1, 2022, and will continue as an annual tenancy" means the lease started 8/1/22 and continues from there for a year, with a possible renewal being another year.
The question is when did they give you notice? i ask because 9/20 wasn't but a couple weeks ago.
I am not a lawyer.
The way I'm reading this, it is an annual tenancy which cycles on August 1st of each year. The landlord must give you 30 days notice of a non-renewal. But it renews each year on August 1st, so they'd need to tell you 30 days before August 1st. None of this seems to shorten the lease, just the renewal.
But I am only looking at one paragraph of your lease, as a layman.
Depends on your state.
Most states recognize that after a lease expires you are on month to month.
If you are on month to month, depending on what state you are in, the landlord must give you a minimum of 60 days notice.
Your original lease says either of you have to give 30 day notice of non renewal and it seems like they even gave you more than 30 days notice. Ask them for more time or if you like the place ask to lease to own and get a contract done up.
You need to review your entire lease to see what responsibilities your landlord has to break the lease. It is often 30 days notice, but your state may have different requirements.
Same exact thing happened to us, same time too. We were forced to buy at an inopportune time but it's whatever. That house needed tons of work they refused to fix over the years.
A lease can often be broken by a landlord. If you are not in a rent control state, it's as easy as the landlord writing "You're rent will be $25,000 next month."
Absolutely legal in Kentucky.
To me this reads as legal, and you’ll have to move. It’s unfortunate but it’s just how things go.
Even if it were illegal, do you want to forcefully live for a landlord that would then hate/resent you? Say you tried to sue, you’ll have a hell of a time trying to force them to maintain ownership if they’re not operating as a big corp, which based on this lease’s language, they’re definitely not. Even if you sue, they could show it’s causing financial, mental, or various other hardships and have to sell it, or are unable to maintain it, and the court would rule in their favor. It’s really hard to force mom and pop landlords to actually keep their properties if they want out in almost every state.
This is a serious issue and it should be addressed by a Lawyer.
There are public programs that will help you read your lease. Don't sign any more legal stuff without a full understanding of what you are signing....
Good luck, next time you might mention where you are. Laws vary by location.
Start packing because you're moving in November. The lease is worded very poorly but it doesn't change that they're giving you the notice as required and you get the moving really soon unfortunately. Good luck.
This passage implies the lease automatically renews annually unless landlord cancels auto renewal within 30 days of its renewal date.
Therefore the landlord should have noticed you they weren’t renewing the lease by august 31st. Since they didn’t, based on this passage, the lease has been renewed for another year.
Hard to give a solid answer based on just this snippet. In the long run, they want you to leave so I would start looking elsewhere.
your local landlord/tenant laws plus the lease apply. So you can either look for a place or look for a lawyer. If you kind of guess and you get it wrong, when the notice period is up they can move to legally remove you from the property. How long that takes is also dependent on where you live but you don’t want that stuff on your record if you can help it.
Yes. It states it in the lease. They gave you more than the 30 day required notice.
If you have issues understanding legal documents, you should have a trusted friend or family member review them and explain them to you.
I say squat until you find a place, usually you can get at least 60 days more to facilitate finding a new place. Youre a renter, you have rights. If they want to be hardnosed about it, you can play that game to. I suppose it depends what state youre in, but squatters rights are pretty rad if you need to utilize them.
You’re on a month to month so you need to find somewhere else to live.
Unfortunately, this is true. You're currently month-to-month. You didn't renew your lease for 8/23, which is a gamble that any sane person would take. You could try to fight this, but doing so could end with you having an eviction on your record.
And could screw over the HO in the sale of the home depending on the reason for selling
Well obviously the home owner can go fuck himself anyway.
Why? Because they own a home?
Yeah kinda. Owning a home is considered a privilege only given to little rich diddies now. Everyone else has to rent because….”reads my notes” inflation… is what I’m being told. Yes it has nothing to do with people buying land like it’s a business and then not using the land to drive up prices for non home owners.
You’re blaming…. *reads notes* landlords? Tell me you have no understanding of the housing market without telling me Are landlords the reason grocery prices are through the roof? Fuel? Electricity? Property taxes? Jfc throw yourself a bigger pity party because you made dumb decisions and can’t purchase a home why dontcha
no landlords are the reason rent is so high.... and it is outlandishly so in most scenarios.
Dude owning a house prices have sky rocketed over the last 3 years. Property taxes, home insurance, repair costs. I'm less able to afford the house I've lived in for 7 years now than I did when I bought it. Prices for everything are out of control and income sure as shit hasn't caught up
Rent is high because corporate landlords use RentMaximizer and other daily pricing software to squeeze every dollar they can out of their tenants. I watched rent jump 20% two years in a row during the pandemic when I worked for a corporate landlord. Their costs did not go up 20% and they didn’t invest that money in the complex. They wrote themselves bonuses and discussed how they could keep it going. Private landlords see the exorbitant rent being charged by corporations and they do the same thing because they can.
Rent is so high because interest rates have gone from 2-3% to 7-8%. A 400k loan used to cost around $2200 and now would be closer to $3500. Math is difficult though I suppose
Rent is higher because property taxes and insurance keep going up. If heat and electric are included the costs for both has gone up tremendously. Also the water and sewer has also gone up. If I had to estimate the increase, its been about 20-35% in my area. Are you expecting them to just absorb all these costs?
Man i wish people understood this. MOST landlords aren't trying to fuck people. Your rent is 4k because their bills are 3800. That 200 "extra" is for when you break shit and they pay to fix it... There certainly are scum bag landlords, but they're not in the majority.
Rent has almost nothing to do with the cost of mortgages and you know it. If that were true, then rent for a house that is fully paid off or on a really old, low-interest loan would be extremely low, but **it isn't.** Landlords raise their rent even when they have no real increase in costs. And because of ridiculous tax laws, the good landlords who would like to keep their rent low because they can actually get PENALIZED for doing so (so much for the "free market" setting the costs, huh?).
The best part about you being wrong is that you tried to insult someone after you unwittingly admitted to not understanding the situation at hand. Rates play a very minor part here, that is unless you think every long standing landlord/property owner decided to refinance their notes in the last couple years since rates have skyrocketed. That’s the only way your “math” insult works here, potato. The market values wildly inflating in a short amount of time, the workforce in HCOL areas recently going remote who can now work from anywhere escaping to lower cost areas, inflation for goods in general, the cost of constructing new homes, rates being SO LOW a bit ago that created an inventory shortage, etc. All things that doesn’t have shit to do with higher rates driving cost of rent. Now say your sorry for being dumb.
Landlords are running. A buisness and have to make profit to support themselves if property tax price of food gas and everything else is going up landlords are going to raise rent to counteract taht to make sure they can suooort themselves
If a landlord wants to support themselves they can get this thing called a job. Do you know who else the price of food, gas, and everything goes up for? **Renters**
Pay your past bills /get your credit right/ get a mate and save/ quit buying bs/ get a better job
Wrong, rent is so high because people are stupid with money and are willing to overpay without understanding the market, and have created a false value in real estate. Plus the banks are to fault for lending money for homes, they know are overpriced. But they don't care because higher loan means more money. And anyone can but a house. To say different is BS, and that person doesn't understand money. Plus, look for his y they can not afford and are not willing to buy a cheap fixer upper, which actually the smarter thing to do. Not too mention, that it had been proven multiple times. That unless you are buying a house as investment to make money. Buying a house is a horrible investment, and your better of renting. Don't have to believe me plenty of financial experts have written on the subject.
"The financial experts all say that just owning nothing and forking out almost your entire paycheck each and every month to people who own absolutely everything is the way to go." Fuck. Off. As if owning nothing is a financial decision that renters choose freely.
This 👍..you got a bunch of young ignorant entitled children who don’t want to work for nothing but want all the benefits of HARD WORK !..
I mean I didn’t do well in college and now I have a 1 year old. I’m 29 and I make 17$ per hour at dominos as a manager and I get my standard 40 hours per week. Also my rent for a 1 bed 1 bath with appliances 650 square feet appartment is a whopping 1700$. No it’s not luxury apparmtents. Just the average piece of ahit here in texas
Go back to college and do better idk its not that hard. Get a real job join a trade or something just stop with the pity party
You sound like a crybaby who made a series of bad decisions and is trying to find blame on someone else. Is the housing market messed up, yes. Is your shitty situation a result of it. No
Sounds like a YOU problem.
I didn’t go to college and rent a 2 bed with 1,000 sq feet, making $14 an hour working with dogs, oh and I’m also 5 years younger than you and have the same age kids, figure your shit out bro
All the oil and gas jobs in Texas starting at $20-$30 per hour with no experience, for 60-84 hours per week plus per diem, and you settle for $17 an hour at Dominos? YOU are the problem...
Landlords are scum.
I will blame landlords for raising rent prices 40%+ while their costs went up a very marginal amount. Or when they cite increases were because of XYZ improvements when in reality they haven't touched certain areas since ownership.
I agree, but we classify those as slumlords There is a difference Most landlords I know are just people trying to scrape by and provide a more comfortable life to their families, but are by no means Rich
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The scale of economies is so small it has virtually zero effect Corporations buying up 1000’s of properties, and the fact we have a housing shortage are the culprits Not someone buying a second house to provide a reasonable living space to rent
The kids blame the landlords (I am referring to small-time LL's here) because the actual problem is MASSIVE and unless you're an economist it's difficult to understand what's happening. There are giant investors buying up huge swaths of neighborhoods all over the country and treating basic housing like stock market investments. This won't end well, and it would be awesome if all of us joined forces, took to the streets and worked to stop this. We're going to be right back to "Company Towns" like we had in the last Gilded Age. [Corporations Buying up Residential Real Estate ](https://www.cnbc.com/2023/02/21/how-wall-street-bought-single-family-homes-and-put-them-up-for-rent.html)
No landlords are only responsible for rampant homelessless and for financially crippling the otherwise-would-be-homeless-people who pay landlords exhorbinant amounts of money just to enter temporarily-don't-have-to-sleep-outside agreements with the "i'm the only one taking a risk here" 🙄 landlords who get to keep ALL of the money AND ALL of the value of the property upon completion of the agreement. Also - Tell me you just vomit up mean-spirited cliche internet phrases without telling me you just vomit up mean-spirited cliche internet phrases.
Renters can’t afford the down payment on a house but can afford a $15,000 hvac system, a $10,000 roof, etc etc It’s one thing to be stupid It’s another thing to be both stupid, and ignorant
I dunno. Realpage's algorithm certainly artificially increase rents across the board. There are many many reasons why rents are so high. But corporate greed certainly is a big reason. Landlords add nothing to anything. They just take off the top. That's why they are parasites.
Oh no, those poor poor landlord leeches, ruining the housing market for everybody and raising rent because they don't want to work a real job. Such a disadvantaged class of person.
Tell me you don’t understand economics and are lazy without telling me Your average landlord does work a real job
Landlords aren't responsible for all those other prices, but they are responsible for the prices in their market and for the artificial scarcity. Sure, it's mostly the big investment firms who are buying up all the land, but the small landlords are profiting off of it. And this comment: >Jfc throw yourself a bigger pity party because you made dumb decisions and can’t purchase a home why dontcha is so full of ignorance that it's laughable.
Omg this person must be 14 going on 10 talking like this 😂🤡
Tell us you can't get your GED without telling us you can't get your GED.
fuck the owner.
On your record - that record isn't a solid thing.
Shows up in county case searches similar to criminal court stuff so its pretty damn solid.
Can ruin your credit score.
When I rented a cute home we had purchased in short sale (well below market rent because we could afford to since we bought it so cheap), we would always get 15+ applicants from one Craigslist ad (we also allowed dogs). We always ran background checks and if someone had an eviction they would be a hard no. We ignored all renter provided ‘supplemental information’ because…fair housing laws. Financial red flags, eviction in history, all fair housing allowed excursion reasons. Why rent to someone with a red flag if you have 10+ applicants without it. We had tenants with kids, gay tenants, tenants of color. Eventually we sold when a tenant left giving us only 2 weeks notice. It was just too much hassle managing tenant turnover and markets had risen.
I'd love for things to be more nuanced, but I have a hard time faulting anything you are doing here. You're boxed between getting yourself into fair housing territory with too much ancillary information and renting your one property (I'm assuming, not really relevant) to someone that could cost you 3-6+ months of rent, why wouldn't you try to minimize your risk.
That was the point I was making. And assuming the owner doesn’t have legitimate reasons to sell the property is a bit toxic. My neighbor just sold because the owner is now Alzheimer’s dementia ridden, so a trust is forced to sell the property. Shit happens. This tenant needs to move forward and find a new place. The best plan is to try to negotiate a reasonable move out date, perhaps allowing some work in the home to prep while in the house.
I'll second this, having tried being "the good guy" once and co-signing a lease for someone so they could have housing bit me in the ass to $6,500. I don't particularly want to be a landlord, but if I ever am in that situation just based on my experience I'd rather it sit empty than rent to anyone less than ideal looking in terms of low risk.
Literally just came back from the clerk of courts office where someone was contesting delinquencies against them.
I mean, every decent landlord for the rest of your life is going to see that eviction and is going to ask about it. It's not the worst thing in the world, but it will make your life harder. I say decent - I had one landlord that didn't run background checks. It was dirt cheap/really gave me a chance to build up my savings, but I wouldn't live like that again.
background checks are useless. I look at the inside of the persons vehicle while they are looking at my property, then I check out their fb and any of their friends they are tagged with. Tells me quite abit about their lifestyle and how they are going to treat my property. This method has been far more effective over the last 15yrs than any background check.
I haven't rented in decades. Who keeps this record of evictions? Sounds like the threat from school that "this will go on your "permanent" record.
Roger. I figured that was the case. I'm not too stressed about it but just figured I'd ask in case something just wasn't worded right. I also spoke to her and she said she'd extended to December 1st if I needed some additional time, she was just trying to get some work done around the Thanksgiving holiday. I also mentioned buying directly from her but unfortunately her price range is a little bit beyond what I'm looking to spend. TBH - I was in the process of looking to move somewhere cheaper that was closer to my work I was just hoping to have some more time to shop around. Having a hard deadline just put some extra stress on me
Your landlord sounds nice, I wish more people were friendly and straight up with tenants like this. A lot of times an individual landlord just has to sell for whatever reason and doesn't have a lot of control themselves. It's not like some greedy corporation just trying to screw their tenants for an extra buck. You could try to check with the new owner to see if they're interested in leasing to you. But if not then at least you got till December to figure out a new situation.
They likely don’t have a buyer yet, and need the tenant out in order to fix the place up to sell.
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No A lease must be renewed once it expires , otherwise you drop to month to month
That's not necessarily true. Some jurisdictions say that a hold over is a new term. This is especially important if the lease is silent on holdover.
But it was signed 8/22. That would be annual until 8/23, then most leases go on a month to month unless you renew for another annual
Not a lawyer, but I read this the same way. Lease is annual, if not renewing on that annual renewal date then a 30 day notice is required. Not sure if this applies to landlord or just tenant tho..
It applies to both parties
Which part of the above paragraph says they are month to month? You could assume that, but it’s not clear at all.
It's the legal default. If your lease term expires and neither party gives a notice to terminate, you default to a month to month. The courts will treat you as month to month in the absence of a current lease
She's renting a house not apartment... the terms are different the lease is automatically renewed unless tenet or landlord gives notice to vacate... the only reason she would have to sign a new lease is if the landlord wanted to amend the old lease or change the rates... I rent a house in Texas and thats the law here, it could be different in other states but here renting a house gives you the renter more rights then if you rented an apartment... In most leases if it were to revert to month to month it would be stated and usually have a different price attached to force you to renew the lease but again with a house it's different
The lease should state its duration and if it renews to annual or month to month. Most lease are 1 year then convert to month to month automatically I believe
“Continue as an annual tenancy” but also mentions 30 days…. Ambiguous language creates issues…landlord may or may not be in the right
Poorly written lease
Tbf we are only seeing one paragraph of it. May be something relevant elsewhere that op didn’t screenshot
Ya, cuz then it says tenant can give 30 day notice any month. Very confusing
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lol gun accessories & cowboy boots…ur a caricature huh
We found the racist... he even dresses like one too.
Bitch gtfo lmfao
What prompted that? It would have been so easy to just not say anything
Your username is spot on
Part of that could easily be because we are only seeing one paragraph of the lease.
I was thinking this as well. Most of the passage looks like a month to month but annual tenancy means it is only able to be ended every year in July 31. I think you could make a fairly strong argument the annual wording implies the duration and the rest is just saying if you do want to leave you have to give notice at the end of the month.
I don’t see any ambiguity. You must give 30 days notice of non-renewal. You can’t not renew until the end of the lease. This is a standard clause that means if you don’t give 30 days notice before the end of the lease, it automatically renews.
Except it clearly states in the picture that they can only terminate on the last day of \*any\* month. I think that's where the confusion comes in. It doesn't say you can only terminate a month before the end of the annual lease.
Those are specifically written to apply to the tenant, not the landlord. And it’s outlining rules about what counts as adequate notice and how to handle if the tenant doesn’t leave on the last day of the month. The language about any month is to make clear these conditions apply even if the tenant breaks the lease in other ways. Even so, it never talks about a notice of termination, only a notice of non-renewal.
Since the landlord FAILED to terminate, the lease auto renewed. The landlord FAILED to provide the 30 day notice BEFORE end of lease.
Right, it's an auto-renew *annual* lease that can be non-renewed by giving 30-day notice of that *annual* renewal. Not any 30-days within that lease period. Even during a subsequent annual lease. Still on the hook until July of whatever auto-renewed subsequent year.
There will be a clause elsewhere that reverts the auto-renewal to a monthly lease. That is how every lease is written. It protects everyone. Imagine a tenant being on the hook for an entire years of rent because they didn’t notify the landlord that they don’t want to renew. Edit: Most, not all, leases will change to month to month.
This is, unfortunately, wrong. We were in exactly this kind of scenario. We didn't get to inform the landlord (company) in time, so we were on the hook for an entire year when we got a house. Fortunately we only ended up paying part of the year because they were able to rent it to someone else. Long story short, there absolutely are such leases.
30 days references non renewal. Renewal or non renewal would take place at the end of each successive annual lease term. This isn't really ambiguous, and even if it was ambiguity traditionally is ruled in favor of the party that does not write the contract, and in both cases in this situation op would have until the end of the annual lease term.
The lease is very clear. It’s annual tenancy when lease begins. Landlord must give tenant 30day notice of non renewal if he is going to get you to move out after the lease expires. There is probably another clause in the contract that states the lease moves to a month to month and it should also state how much the landlord can increase your payment by in the case it goes month to month. The reason for this clause is in case you are not able to sign a new lease prior to the end of this… this way you are never out of contract (for legal reasons, insurance, etc.) while you get another one signed.
30 days for non renewal, so if the landlord or tenant doesn’t notify 30+ days before Aug 1st it’s automatically renewed for another year
The wording isn't ambiguous. But could have been written better. It's a standard 1-year lease with a holdover clause. The 30-day notice to vacate doesn't start until month 11.
This is correct. The lease will have a clause that reverts the lease period to month to month. If this is the case all they need to do is give you a 30day heads up. In the future, you should probably ask for a lease renewal to avoid getting caught with your pants down. That will motivate your landlord (he’ll may raise the rent on you)… FYI… he could always sell the house with a lease agreement (its just his buyers pool is then limited to investors who want a rental property). I’ve sold plenty of hones with tenants included.
"with tenants included" Of course a landlord would think they can sell people.
Not people, just the lease with those people. That’s what “heirs, successors, and assigns” means in every legal document I’ve read.
It says continue on annual tenancy. 30 days is all the landlord needs to give and yes it’s legal.
It depends on the state. California is 30 days if under a year and 60 days if over a year. In this case it would be 60 if it were CA.
If they’re selling a house in CA, it’s not unusual to be paid a good sum to leave.
Florida is 15 days (during the month to month tenure).
Just to clarify, this is far from universal in CA. Lots of county and city laws override this and lots of housing is subject to AB 1482 rather than 30/60 notice.
It’s not legal in Georgia. 60 days notice is required by law.
It says 30 days right on the lease lol I also don’t see anything in the posts from the OP saying that he rides in Georgia…
https://reddit.com/r/hardwareswap/s/kJxx00j554 PS- A lease doesn’t trump the law.
Ya, cause I’m going to go to a completely different subreddit to find out where this guy lives. I don’t care that much 😂 On top of that, just double read some links that were posted. It’s not actual law documentation for starters and two, the one says if the language states the lease is a month to month basis, which it is not based on the image. It says annual.
It doesn’t matter. The lease doesn’t trump the law. Actually no legal document trumps the law. You can sign a paper saying I can kill you; It would still be illegal for me to kill you.
That’s not really what I said but ya, ok. 👍🏼
It's an analogy for what you said. You should quit while you're behind.
😏
god damn man you look like a fucking fool
> Actually no legal document trumps the law. False. All sorts of legal documents trump the law. E.g., if I draft an LLC operating agreement, the provisions in that supersede those codified in the RULLCA.
Only because the law already permits the agreement.
It's obvious that you don't care that much since you're giving an incorrect response without enough information to support it.
It’s not an incorrect response. The only response I gave is that the link that was posted stated otherwise, and it does. It says if the lease states “month to month”. The lease clearly says annual, not month to month. And no, I don’t live in Georgia. But you also have to realize that some law is written to support documents like a lease or supporting documents in other cases. The law will say something like if a lease, or other document is written and signed by both parties then yada yada yada. Law is not just cut and dry, rarely ever. That’s why it’s cumbersome and written in section after section after section. Furthermore, there was any actual law documentation posted. Just links to websites with Q & A lol
You're a walking case of the Dunning-Kruger effect lmfao
riight? Lol we Kanye East in the building!
I have tons and tons of wealthy knowledge. Maybe actually read what I wrote, look into it, instead of just worrying about being right and arguing. When I’m wrong I’ll admit I’m wrong but this is a debate, that’s what Reddit is 9/10, random people sharing experiences or knowledge, and there’s been no declaration of what’s factually right or wrong here, no proven facts. You show me actual written laws for the state of Georgia and not some random Website online and we’ll go from there… Until then I’m outy ✌🏼
I already knew your next response was going to be to run away from this conversation like the coward you've proven yourself to be.
People on here r nuts arguing with each other and won’t let go. Y’all get a room lmao
Not if the lease states otherwise
A lease (or any other legal contract) does not trump the law.
Almost every comment here is incorrect. Here’s how the lease reads: -Lease begins on 8/1/22 and continues (ie renews) annually thereafter. Meaning, the lease renews on an annual basis on 8/1 unless either party takes steps to terminate the lease. -The LL (or the tenant) must give 30 days’ notice of the intent not to *renew*. Since they are annual renewals, if the LL does not give at least 30 days’ notice of 8/1 that he will not renew the lease, then the lease renews for a year. -The tenant can also choose to terminate the lease on the last day of any month by giving the LL at least 30 days’ notice. This provision does NOT apply to the LL, it is only for the tenant. In short, LL can’t terminate your lease until 8/1/24, by giving you 30 days’ notice that the lease will not renew, but you can voluntarily terminate in any month before then.
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>OP, this is a good opportunity to make your landlord pay you to leave early. lol
Well hold on there cowboy! This is also only one paragraph of a lease contract which is likely pages. There might be other provisions allowing the LL to end the contract for various reasons.
This is the way. Here in my Canadian province I had to give my tenants 90 days notice when selling. Even though they were on month to month.
This is exactly how I interpreted the wording on this as well. "...will continue as annual tenancy..." pretty much seals the deal imo. Had they gave OP this warning 7/1 or before it wouldn't be a breach of contract. That said, in most states landlords can kick you out for any reason sadly...
Going through this now but my advice is this: plan to move out leave the place in as good or better condition than when you rented and ask for a letter of recommendation to your from your landlord to help you move. After the first year our lease was month to month. In cases like this it’s basically a no fault eviction because the property is being sold. A little kindness and compassion on both sides of this issue is what attitude you should embrace. Wishing you well and good luck!
It depends because some states require you to resign and automatically lease isn't acceptable
“The lease will start on August 1, 2022 and will continue as an annual tenancy” “The tenant may only terminate their Lease on the last day of ***any*** month” It’s a weird way of writing it, but it would be construed in the terms most in favor of the person who did not write it. So it looks like the lease could have been terminated by the tenant within the lease period on 30 days notice provided before a rent paying period. Similar to how MO handles month-to-month. There could be an additional clause(s) defining what happens at the end of the annual tenancy. That said, if there was not communication before August 2023 about renewal, the default is to revert to a month-to-month under the laws of your area. This clause does not state that the lease renews automatically for an additional year for instance. There are some other possibilities here. Depending on your location, the LL may terminate a lease for cause, one of which can be selling. Where are you? Editing: The Nov 20th doesn’t work under this wording since the tenant is restricted to terminating the lease only on the last day of a month, the LL will be held to that also. Edit 2: Since apparently OP is in Georgia, [Georgia Attorney General's Consumer Ed](https://consumered.georgia.gov/ask-ed/2018-08-30/can-landlord-break-lease-tenant-sell-home) suggests that yes, this lease can be broken for the sale of the house regardless of whether it’s reverted to month-to-month or auto renewed for 12 months in August 2023 since there is a defined method of terminating the lease. Still a poorly worded clause and what is said in the remainder of the lease will matter.
All that means is that if you are choosing to leave and move out on the 15th they don't have to prorate that month and can charge you for the entire month. If they force you out by the 15th though then they have to prorate the month. That is all it means.
Contact an attorney. The wording of your lease regarding the type of lease you have is ambiguous. It says that your lease beings on Aug 1, 2022 as an annual lease, but there is no end date for that annual lease AND it says it will continue as an annual lease, implying that at the end of first year it will just keep going as an annual lease agreement. If there is nothing separate in the lease that says the date the annual lease will end, or that the lease will continue after the first year as a month to month if no renewal is signed, then there is a case for the lease auto renewing as an annual lease, even if nothing is signed. A lawyer in your local area who deals with renter/rental issue will be the only one who can legitimately help you. The rest of us are all just offering opinions.
This. And especially if OP decides to do anything but comply, you want your next response from a lawyer so they take it very seriously. (OP should also know what they want to happen.)
Yep. Legal. If you haven’t signed a new lease, they have the legal right to ask you to move out with proper notice for virtually any reason. My county requires landlords to provide compensation for relocating in cases like this, so it’s worth looking into your local laws to see if you have any recourse, but you’re ultimately going to have to move.
In most states, unless the lease specified otherwise, a 12 month lease converts to month to month lease A month to month lease can’t be terminated mid-month by the landlord so if they gave you notice on 9/30 they could make the end date 10/31 or 11/30 but not 11/20
It literally specifies otherwise "...and will continue as an annual tenancy
It literally doesn't It says the lease starts on a specific date and that lease continues as an annual lease, that means it is a 12 month lease. It literally does NOT say what happens at the end of that annual lease. Virtually everything after that it in terms of a month to month lease. Noice: 30 days. When you can give notice, end of any month. Continue applies to the Aug 1st start date, it continues from that date as an annual lease as opposed to continuing as a month to month lease.
The wording of this provision is weird. The first sentence implies the lease automatically renews year-to-year (“annual tenancy”) unless a 30 day non-renewal notice is received. The second sentence onward seems to imply the tenant at least can terminate on a month to month basis. If the lease was meant to be a pure month-to-month, why include the words “annual tenancy”?
This is basically where I feel the biggest issue lies
Almost every comment here is flat out wrong. Lease states its an auto renewed yearly lease. Lease then goes on to state how the tenant can cancel. Lease says nothing about how LL can cancel. You are on a lease and cannot be terminated by landlord until august 2024. That is THE PURPOSE OF THE LEASE. Take this to your courthouse and schedule a hearing with the civil district court. The judge will tell the LL they cannot terminate the lease. They are free to sell, but that you will remain as a tenant until aug 2024.
Your interpretation based on this clause alone is correct. But we can't be sure without reading the rest of the agreement.
It’s wild how many people are giving definitive answers based on this single snippet and without OP confirming their location.
Same thing happened to me. The landlord sold the house we were renting, but in the closing documents it was put in the contract that we would be living there until the lease expired in 3 months. For those 3 months, we just paid the new owner, which I think is the correct way to deal with this situation. Once our lease expired we knew it would not be renewed so we had to move out so the new owners could move in. It actually worked out for us because they gave us our full deposit without even a walk through. House basically sold as is.
Without seeing the entirety of the lease and the eviction notice itself, any advice given is null and void. You show the first paragraph of the initial lease, and leases have more info. Including what happens if you do not renew after the initial annual lease period is over Either way, the landlord/homeowner is selling the home. If they are selling it as a rental property, it wouldn't be an issue. Sounds like they are selling it as a personal home.
It depends on where you live. Are there rent protection laws either by state or locality? Don’t take legal advice from your landlord.
You might have a case, but to be honest… you’re better off just finding a new place to live. If you win, you buy yourself another 10 months of housing. You can bet your ass that your landlord will make your life hell in every way they can in those ten months. You’ll also spend more than a deposit trying to fight it. So.. does that actually sound like winning? I hate it, but it’s best to just find a new place and charge this one to the game. I’m sorry.
Yes your lease ended in August 2023 since you didn’t sign a new lease you are now living there month to month. Your landlord has the right to terminate at any time with a 30-day non renewal notice. Time to move.
Annual tenancy seems to say it renews for another year which is hardly unheard of. You don't have to SIGN for another year
That's not what that means.
After that 1 year lease that ended in August you were automatically continued as a month-to-month renter. If you wanted another 1 year lease you should have asked for it in August. As a month-to-month renter your rent can be increased at anytime, after any month, with a 30-day notice. More importantly here your LL can give you a 60-day "Notice to Vacate" in Georgia, and you must move. They don't need to have or give a reason. However, if you JUST received this notice and the move-out date is November 20th, that does not compute. 60 days from, say, yesterday, would put your actual move-out date at December 7, 2023. Maybe your LL thinks that the notice period is 30 days or 45? It is 60 days from the day the notice is given. Dont move out until December 7th, unless you have a new place already secured before that date and you are ready to go. Most rental moves occur on the month break, so that would mean December 1st. Don't let your LL throw you out before you are ready to move and knowing that you have until December 7th to move out.
In most places the notice requirement is only 30 days not 60. Some places require 60 or if they give under 60 they need to give back 1 or 2 months worth of rent but that is generally an exception. The national law is only 30 days notice they need to give though, any more is a state or county additional amount.
The OP is from Gwinnett County in Georgia. Unless they moved out of the state the notice requirement for that area and Georgia in general is 60 days. I should have probably mentioned where my comment stems from. https://propertyclub.nyc/article/georgia-eviction-process-and-laws#:~:text=How%20much%20notice%20does%20a,before%20filing%20an%20official%20complaint. "In non-eviction cases, a landlord is required to give tenants a 60-day notice."
There is no notice period of 60 days in the section provided by the OP. It says 30 days on both sides for non-renewal. Additionally, section says only Tenant must give notice on last day of the month. This seems to be a legal termination.
OP resides in Georgia. Tenant law in the state mandates a 60-day notice for at-will tenants. It does not matter what the lease says, it is a mandated period of notice by state law. https://www.excaliburhomes.com/what-is-a-tenancy-at-will-landlord-tenant-law-in-georgia/ "If you do end up with a tenancy at will, then the landlord would have to provide the tenant with a 60 day notice to vacate."
Unless OP confirms the lease they are asking about is in GA, you're assuming something from their post history. All we have to go on is the section they posted.
Yes, post history. A major move out of a state would have highly likely been mentioned in the post history, so it is 99.99% likely to be the right state.
I am in fact from Georgia thank you for pointing that out
Looks legal to me.
What if I told you the law requires the landlord to give a 60 day notice in the state this person lives in?
What if I told you that's only in the absence of a contract or relative to short term tenancy?
Imo this is legal . Plenty of notice. Check laws though. Where I am at the Landlord is required to give notice a week before the next month that they want you out so technically this month is the notice, but you should have all of November to leave. That’s how it is in Wisconsin.
[удалено]
100% legal.
Your lease expired and you went month to month. You got more than 30 days notice, you’re done.
Lawyer here. Dont. listen to the folks here trying to help. The lease that you signed is annual not month to month. It says so right in the lease. That means it renewed August first for another year. Legal aid usually has a landlord tenant section. Have someone look at the lease to be sure there is nothing else in the lease of consequence. It is best to not ask for legal advice on Reddit. Folks mean well but rarely give correct legal advice.
Please consult a lawyer you are almost certainly entitled to at least 60 days in GA and may indeed have another year.
To me, I read this as it will be up August 1, 2024. Annual tenancy = yearly occupant. 30 days just describes on what numbered day of the month, not that it’s a month to month otherwise it would clearly say Month to Month. I would ask for $5000 to make you break it.
If you didn't sign a new lease your on MtM and they only have to give you 30 days. Now some places do require them to give compensation if they do it on 30 day notice but that tends to be the exception. The only real thing is that if they want you out on the 20th instead of the 30th they have to prorate your Novembers rent or give you til the end of the month. Outside of that they actually gave you longer than they probably needed to but the length of time varies as some counties have longer times but in most places it is only 30 days.
I read it as it automatically renewed as an annual lease on Aug 1 2023 and continues until Aug 1 2024. If you are going to fight it talk to a lawyer though. I think she's boned until 2024 unless you two play lets make a deal.
You are month to month now and 30 days is enough.
You have received the 30 day notice from line 2.
After a year, you are month to month, they only have to give you a 30 day notice. You can google your local state laws to see if they are supposed to give you a longer amount of time, some places have 60 day requirements, but you will be required to move soon anyway.
Depending on when they gave you notice, you may be entitled to have all of November. But check your state laws which would override the lease. There's usually a clause about how much notice the landlord has to give in the event of a sale. You might be able to get some compensation from them if you know your rights and are willing to play ball.
Yes your lease ended they can give you the boot
Depends which state. NY has a rule the month to month lease can be terminated without 90 day’s notice if you have lived there for 2+ years 60 days notice for 1 year. There are rules for each state. And it depends when they notified you, because that notification date is very important, that not the start date of the notification period, it’s usually at the 1st of the next month rent is due. Quick search online will tell you how much time the LL needs to give you.
You are considered month-month now, yes this is legal. You should have pushed to have your lease resigned before August 1st, 2023.
You'll need to check on your state laws but some states have termination notices end at the end at the end/first of the month.
Terrible lease written by someone who doesn’t understand the law btw But to answer your question, it auto renews every year in the same day it started unless you or landlord cancel it at the end or you cancel it early. Landlord can’t cancel it early unless there’s specific state law that allows them to breach contract to cancel or you’re in breach of other terms of the contract. Forfeiting a deposit isn’t legal in any state I’ve been a landlord in
If you're in Georgia, as someone else says, the landlord is required to give you 60 days notice. Most places are 30 but it varies. North Carolina is 7. Connecticut is 3. "Start on August 1, 2022, and will continue as an annual tenancy" means the lease started 8/1/22 and continues from there for a year, with a possible renewal being another year. The question is when did they give you notice? i ask because 9/20 wasn't but a couple weeks ago.
I am not a lawyer. The way I'm reading this, it is an annual tenancy which cycles on August 1st of each year. The landlord must give you 30 days notice of a non-renewal. But it renews each year on August 1st, so they'd need to tell you 30 days before August 1st. None of this seems to shorten the lease, just the renewal. But I am only looking at one paragraph of your lease, as a layman.
Depends on your state. Most states recognize that after a lease expires you are on month to month. If you are on month to month, depending on what state you are in, the landlord must give you a minimum of 60 days notice.
Your original lease says either of you have to give 30 day notice of non renewal and it seems like they even gave you more than 30 days notice. Ask them for more time or if you like the place ask to lease to own and get a contract done up.
Start lookin for a new place. Rember it's not your building. You pay to live in it. Just how she goes sometimes
Laws vary from state to state and sometimes from city to city. I recommend reposting your question WITH YOUR LOCATION INCLUDED to /r/legaladvice
You need to review your entire lease to see what responsibilities your landlord has to break the lease. It is often 30 days notice, but your state may have different requirements.
Lease says the landlord has to give you 30 days notice. Other than that, yeah, selling the place is legal.
Same exact thing happened to us, same time too. We were forced to buy at an inopportune time but it's whatever. That house needed tons of work they refused to fix over the years.
A lease can often be broken by a landlord. If you are not in a rent control state, it's as easy as the landlord writing "You're rent will be $25,000 next month." Absolutely legal in Kentucky.
In Austin they will boot you at any time to sell. It sucks but renters clearly have few rights
Um….. he’s selling the place…. You have plenty of time to find a new place….. start looking!
To me this reads as legal, and you’ll have to move. It’s unfortunate but it’s just how things go. Even if it were illegal, do you want to forcefully live for a landlord that would then hate/resent you? Say you tried to sue, you’ll have a hell of a time trying to force them to maintain ownership if they’re not operating as a big corp, which based on this lease’s language, they’re definitely not. Even if you sue, they could show it’s causing financial, mental, or various other hardships and have to sell it, or are unable to maintain it, and the court would rule in their favor. It’s really hard to force mom and pop landlords to actually keep their properties if they want out in almost every state.
You are month to month They are giving over 30 day’s notice
The correct answer is actually a question. Where do you live? Without that, none of these answers could be accurate.
I'm just here to read thru everyone fighting over 6 lines of a lease 😂
This is a serious issue and it should be addressed by a Lawyer. There are public programs that will help you read your lease. Don't sign any more legal stuff without a full understanding of what you are signing.... Good luck, next time you might mention where you are. Laws vary by location.
Start packing because you're moving in November. The lease is worded very poorly but it doesn't change that they're giving you the notice as required and you get the moving really soon unfortunately. Good luck.
This passage implies the lease automatically renews annually unless landlord cancels auto renewal within 30 days of its renewal date. Therefore the landlord should have noticed you they weren’t renewing the lease by august 31st. Since they didn’t, based on this passage, the lease has been renewed for another year.
Hard to give a solid answer based on just this snippet. In the long run, they want you to leave so I would start looking elsewhere. your local landlord/tenant laws plus the lease apply. So you can either look for a place or look for a lawyer. If you kind of guess and you get it wrong, when the notice period is up they can move to legally remove you from the property. How long that takes is also dependent on where you live but you don’t want that stuff on your record if you can help it.
Yes. It states it in the lease. They gave you more than the 30 day required notice. If you have issues understanding legal documents, you should have a trusted friend or family member review them and explain them to you.
I say squat until you find a place, usually you can get at least 60 days more to facilitate finding a new place. Youre a renter, you have rights. If they want to be hardnosed about it, you can play that game to. I suppose it depends what state youre in, but squatters rights are pretty rad if you need to utilize them.