Is a rental lease still binding if it has never been updated or signed again? 16 Answers as of July 02, 2013

We signed a lease 31/2 years ago and it has never been updated or signed again, is it still binding?

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Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Is there a provision in the lease that states what happens after the initial term expires?
Answer Applies to: Michigan
Replied: 7/2/2013
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
It's terms still govern except you are now probably a month to month tenant.
Answer Applies to: New York
Replied: 1/8/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
It depends on how long the lease was for.
Answer Applies to: Georgia
Replied: 1/6/2012
Law Office of Stephen P. Dempsey
Law Office of Stephen P. Dempsey | Stephen P. Dempsey
No- the lease terms convert to a month to month hold over lease.
Answer Applies to: New Jersey
Replied: 1/6/2012
Law Offices of Frances Headley | Frances Headley
It would depend upon the wording of the lease. Generally, a month to month tenancy is created after the term of the lease if the tenant stays and the landlord accepts the rent. You should consult a real estate attorney familiar with landlord tenant issues to review your lease and advise you.
Answer Applies to: California
Replied: 1/6/2012
    Sultan Law Office | Gregory Sultan
    You need to check the lease terms to see if they refer to it automatically continuing. Usually not, and you would then become a month to month tenant that can be changed with 30 days notice from the beginning of the rental period.
    Answer Applies to: Illinois
    Replied: 1/6/2012
    Casler Law Offices PLLC | Carl Casler
    Maybe. If the lease includes language that states the lease continues month-to-month after the initial term, then all other terms are binding until/unless it is modified in writing or is otherwise terminated. If the lease does not contain such language, then a court of law would look to see if the conduct of the parties suggested that one or more terms of the written lease were changed, modified, or deleted altogether. If the parties continued to follow the terms of the written lease, the lease will be enforced as written. If the parties changed one or more provisions, then the court would have to decide if only one or more provisions were changed and the remaining terms remained the same or whether the entire written lease was replaced by a new lease that was created orally and/or by the conduct of the parties. For example, if a written lease expires and then the tenant gets a pet and additional occupants (both of which were prohibited in the written lease) and started pay more or less rent than stated in the written lease, then the court would have to decide if just those provisions of the written lease were modified or whether the written lease was completely replaced by a subsequent lease that was created orally and/or by the conduct of the parties.
    Answer Applies to: Arizona
    Replied: 1/6/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No.
    Answer Applies to: New York
    Replied: 5/30/2013
    W.R. Stewart & Associates | Ethan Miller
    It is difficult to answer your question without more facts (e.g., the term of the lease). When a tenant holds over after the expiration of the lease term, the landlord can elect to allow the tenant to continue on a periodic tenancy. This election is most often made by the landlord accepting rent for a period after the expiration of the lease term.
    Answer Applies to: Wisconsin
    Replied: 1/6/2012
    Raxter Law
    Raxter Law | Jeremiah Raxter
    It would depend on how long of a period the lease was originally for.
    Answer Applies to: California
    Replied: 1/6/2012
    Law Office of Walter Johnson
    Law Office of Walter Johnson | Walter Johnson
    Yes. Your original lease is still binding. Typically a lease converts to a month-to-month lease if it was originally a one-year lease. The lease remains in effect until either party terminates it. A landlord would be required to give you at least a sixty-day notice to vacate. You would normally be required to provide a thirty-day notice to the landlord of your intent to vacate (unless the lease specified a longer notice period.)
    Answer Applies to: California
    Replied: 1/6/2012
    Albert Law Group
    Albert Law Group | Alvin S. Albert
    Unless there is some type of automatic renewal language in the lease, it becomes a month-to-month tenancy. You can end your tenancy with the proper notice.
    Answer Applies to: Georgia
    Replied: 1/6/2012
    Kern Law | Robert Kern
    Yes. After its expiration it automatically converted to a month-to-month lease, but the rest of the terms of the lease remain in force until the lease is terminated by either party. The lease under these terms is terminable by either side with 30 days notice.
    Answer Applies to: Nevada
    Replied: 1/6/2012
    Park Law Offices LLC | Kevin Parks
    That depends on how long the lease term ran. If the lease was signed 3 1/2 years ago but was for, say, a 4 or 5 year lease term, then yes, the lease is still binding. If the lease was for (more typically) a 1 year term, then the lease automatically transferred to a month-to-month tenancy at the expiration of that year. A month-to-month tenancy still retains essentially the same provisions as the fixed-term lease, expect of course relating to the time period. Thus, whether or not it is still "binding" depends on the type of situation to which you're referring. For month-to-month tenancies, however, the law does treat them different in a few areas, most notably in that tenants must give at least 30 days' notice to terminate the lease, while landlords (after the tenant has been there past a year) need to give 60 days' notice to terminate the lease without cause.
    Answer Applies to: Oregon
    Replied: 1/6/2012
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