If my landlord never gives me a copy of the lease, are we month-to-month? 4 Answers as of October 03, 2013

My landlord never gave me a copy of the lease (12 month lease), and when I asked for it he said he lost it. Are we month-to-month if I never get a copy of the lease?

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MatthewR. Schutz, Esq | Matthew R. Schutz
Your tenancy is what you agreed to. However not having the lease may present proof problems in the future.
Answer Applies to: New Jersey
Replied: 10/3/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
There is a lease or there isn't. Sounds like there is a lease, you just don't have a copy. I say you are not month to month.
Answer Applies to: New York
Replied: 10/3/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
You are still going to be on a lease, but if the landlord lost the only copy, it would probably be difficult to proof any specific term beyond what you have both established through your conduct. For instance, if you always pay rent on the 5th for a specific amount, that would be fine. Not having a written copy does not mean that there is no rental agreement, however. On the other hand, if your agreement was identical to another tenant's lease, that might be useful. You might want to work with your landlord to agree to a replacement agreement to protect yourself. If you want to treat it as a lease and the landlord wants to treat it as month to month, you might be out of luck if a notice to vacate comes your way. If you think it is month to month and want to leave, you would be better served working something out with the landlord to protect yourself.
Answer Applies to: Washington
Replied: 10/3/2013
Gottlieb & Goren, P.C.
Gottlieb & Goren, P.C. | Aaron W. Goren
Demand a copy by certified mail, return receipt requested. Then, when landlord claims under the lease, you have proof that you never received it.
Answer Applies to: Michigan
Replied: 10/3/2013
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