Which contract will be followed if we are asked to sign a new lease? 15 Answers as of March 21, 2013

We signed a 2 year lease in April 2012. We received notice our lease expires on April 2013. It said we can go on monthly. If we sign the new contract, can we then give a 30 day notice and move out? Does this supercede the original lease signed by us?

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HARRIS LAW FIRM | Jonathan Curry Harris
There is a major contradiction in your recital of facts. Did your 2012 contract provide for a one year term with an option for an "extension" or "renewal" at end of first year (2013)? A new lease contract is presumed to supercede an earlier one, but you should talk to the landlord about what is intended and put the details in written form and signed; or consult a lawyer to review the term and conditions of your 2012 contract.
Answer Applies to: Louisiana
Replied: 3/21/2013
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If the original lease was for 2 years and was signed in April, 2012 it does not expire until the end of March, 2014. If you sign a new lease it will supercede the old lease and bind you for 2 more years assuming it is a two year lease.
Answer Applies to: Michigan
Replied: 3/21/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
How does your 2 year lease expire in 1 year? If you want to leave you should talk with the landlord and see if you can agree on a move out day since it appears the landlord is changing the terms of your lease.
Answer Applies to: California
Replied: 3/21/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
In Washington, a lease for longer than a year much be acknowledged with witnesses and seals for residential tenancies per RCW 59.18.210. When these formalities do not occur, a lease typically is treated as one of month-to-month. This does not mean the lease terms, other than the length of time, as not enforceable; they will be. Your lease may require that you give 30-days notice, or greater notice, but it cannot require you to give less than the statutory minimum of 20-days notice. Given your factual pattern, you may not technically have a lease, and if you choose to vacate, you are only required to provide the 20-days written notice before the end of a given rental period, unless otherwise agreed. This usually means you must serve your landlord with this notice by no later than the 9th or the 10th, depending upon whether there are 30 or 31 days in the month, and you must vacate by the end of that same month. You are not required to sign a new lease of you do not want to. If you do sign a new lease, and so long as it is for less than a year, that new lease will control over the old one. Usually the rules and rental terms are the same, the duration is all that has changed, however.
Answer Applies to: Washington
Replied: 3/20/2013
It arguably does and you will need to give 60 day notice not 30.
Answer Applies to: New Jersey
Replied: 3/20/2013
    Durham Jones & Pinegar | Erven Nelson
    Probably. Make sure that the new contract says that it supersedes the original lease.
    Answer Applies to: Nevada
    Replied: 3/20/2013
    S. Joseph Schramm | Joseph Schramm
    If you signed a two-year lease in April, 2012, it should not expire until April 2014 unless there is something in the terms of the lease that allow for earlier termination. However, If you and your landlord consent to the change to a month-to-month status you would be able to give 30 days notice of leaving and then move out.
    Answer Applies to: Pennsylvania
    Replied: 3/20/2013
    Geneva Yourse | Geneva Yourse
    The new lease supersedes the old lease. Make sure the new lease says that it supersedes the old lease, just so there is no confusion.
    Answer Applies to: North Carolina
    Replied: 3/20/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    If you had a 2 year lease, it does not expire until 2014. Unless it is better for you, do not sign a new lease.
    Answer Applies to: Connecticut
    Replied: 3/20/2013
    The Krone Law Firm, LLC | Norman B. Krone
    The original Lease expires in April as you have stated. If you sign a new Lease it controls and it is unlikely that you can move upon 30 days notice. If you stay on a month-to-month agreement, then either you or the landlord may terminate upon the 30 days notice.
    Answer Applies to: Florida
    Replied: 3/20/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is the landlords error, sign the new agreement and argue you are month to month.
    Answer Applies to: Michigan
    Replied: 3/20/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You need to point out to your landlord that the old lease has a year to run. If you had a typo and you signed it in 2011, you are probably better off going with the new lease. Otherwise, they can terminate you on 30 days notice.
    Answer Applies to: Idaho
    Replied: 3/20/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    I believe the DE Landlord/Tenant Code states 60 day notice.
    Answer Applies to: Delaware
    Replied: 3/20/2013
    Law Office of Richard Winkler | Richard Winkler
    A new lease typically takes precedence over an older one. The fact that the older lease expires in April means that it will become null and void when the term expires unless it states otherwise.
    Answer Applies to: Rhode Island
    Replied: 3/20/2013
    W.R. Stewart & Associates | Ethan Miller
    I recommend you have an experienced landlord-tenant lawyer review both leases to give you a legal assessment. If you signed a 2-year lease in April 2012, it is unclear why said lease would expire in April 2013. The Wisconsin statutes provide that either party to a month-to-month tenancy can give a 28-day notice terminating tenancy, however, the tenancy only ends at the end of a rental period.
    Answer Applies to: Wisconsin
    Replied: 3/20/2013
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