What can I do about an unresponsive landlord? 4 Answers as of August 19, 2013

For the past 3 months my landlord has not deposited my rent check until the third week of the month, and my lease ends at the end of August. I called during the second week of July to ask about month-to-month because I'm moving in December. She said I could do month-to-month, it's almost the end of August and she still hasn't sent me the new lease to sign. I've called her every week and each time I say "Hi, this is ____, from apt. # ___, she asks if I want to renew as if she has no idea that I have already talked to her.

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
A month to month has no written lease. That's the whole point of a month to month. What is your problem with the landlord depositing the checks late? Is it causing you a problem? The landlord has no obligation to immediately deposit your checks
Answer Applies to: New York
Replied: 8/19/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Sounds like a forgetful landlord that could be good for you. In Michigan holdover tenants are assumed to automatically be on a month to month tenancy on the same terms as the original lease (only difference is month to month term) and its verbal extension of the lease well at least in most instances that is the assumption anyway. So send your landlord a letter (yes an old fashioned written letter and keep a copy) thanking her for allowing you to stay on a month to month tenancy. Tell her that in the absence of a new month to month lease you will assume that the terms of your old lease will extend from month to month and you are happy to continue to be her tenant. Why do you care if she forgets to deposit your check anyway?
Answer Applies to: Michigan
Replied: 8/16/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
If you want to stay month to month, there would be no lease for you to sign. Your landlord is probably not responding because you don't need a response. A month to month tenancy would keep your current terms, but there would be no set time limit like you had under the lease.
Answer Applies to: Washington
Replied: 8/16/2013
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
There is not much you can do, because there is no obligation on the part of the landlord to extend occupancy after the termination of lease. If you stay there and the landlord continues to accept rent, then by law you will be treated as having a month-to-month rental agreement on all other terms of the expired lease.
Answer Applies to: California
Replied: 8/16/2013
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