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
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
Casler Law Offices PLLC | Carlton C. 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
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
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
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
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