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tambaleena62
Jun 10, 2012, 07:10 AM
We have been living at our current rental apartment for 7 years, being good tenants, paying rent on time and making improvements. We would like to buy a house by the end of the year. Our lease is up July 31. I have requested that our lease be extended to a month to month basis and been denied. Don't believe the property manager asked the actual owners. Puts me in a big bind. Even if we put a contract on a new house immediately, doesn't mean we would close in the next 6 weeks. Having to move twice, put possessions in storage, etc. could quickly eat into our down payment money. PM's official reply "can't do short term lease" I live in Gainesville FL.

How should I handle this?

JudyKayTee
Jun 10, 2012, 07:25 AM
You can't force someone to renew a lease or turn it into month-to-month.

There is no legal recourse. You could, of course, attempt to negotiate with the manager OR the owners.

The manager undoubtedly speaks for the owners and probably doesn't have to check with them in order to deny you.

But, again, legally - you cannot force anyone to rent to you.


(Please don't post your question more than once.)

ScottGem
Jun 10, 2012, 07:48 AM
Did you read your lease? Does it have an automatic renewal clause? There may not be a requirement to sign a new lease.

But the property manager is NOT being unreasonable. He is doing his job to protect his client against vacancy.

What I would do try to negotiate a new lease with a buyout clause or with a guarantee of 2 months notice for you to move. If the apartment complex is fully rented, they may not have a problem finding a new tenant. So if you give them enough time they can avoid vacancy.

It might mean that you have to pay for time that you are not in the apartment, but that would be cheaper than the alternatives.

tambaleena62
Jun 10, 2012, 07:56 AM
Did you read your lease? Does it have an automatic renewal clause? There may not be a requirement to sign a new lease.

But the property manager is NOT being unreasonable. He is doing his job to protect his client against vacancy.

What I would do try to negotiate a new lease with a buyout clause or with a guarantee of 2 months notice for you to move. If the apartment complex is fully rented, they may not have a problem finding a new tenant. So if you give them enough time they can avoid vacancy.

It might mean that you have to pay for time that you are not in the apartment, but that would be cheaper than the alternatives.

No automatic renewal. Apartment complex currently has 10 vacancies (alot). Only need a month or two more, so signing a new lease would cost me 10 months at $900 a month. I don't understand how a couple more months of guaranteed rent isn't better than sitting empty for who knows how long.

JudyKayTee
Jun 10, 2012, 08:14 AM
No automatic renewal. Apartment complex currently has 10 vacancies (alot). Only need a month or two more, so signing a new lease would cost me 10 months at $900 a month. I don't understand how a couple more months of guaranteed rent isn't better than sitting empty for who knows how long.


In theory I agree with you - in practice (and I'm a landlord) the landlord gets to decide who stays, who doesn't, who negotiates for an extra month or two, who does not.

I owned an 8 unit and ALL of the leases began and ended on the same date - is that their policy?

Have you made an offer on a month-to-month basis?

tambaleena62
Jun 10, 2012, 08:50 AM
In theory I agree with you - in practice (and I'm a landlord) the landlord gets to decide who stays, who doesn't, who negotiates for an extra month or two, who does not.

I owned an 8 unit and ALL of the leases began and ended on the same date - is that their policy?

Have you made an offer on a month-to-month basis?

I'm dealing with a property manager, the owner is out of state. Most leases in Gainesville (college town) end on July 31. Yes I asked for month to month and was told no short term. What makes me mad is that I am trying to do the "right thing" and leave under good terms. It seems my choices, (the wrong way) is to either resign and then just leave or stay past my lease and make them evict me, which I DO NOT WANT TO DO. I have been a good tenant for 7 YEARS!

JudyKayTee
Jun 10, 2012, 08:52 AM
I don't know how difficult the property manager is but have you asked why no exceptions?

OR are "they" lining up tenants based on the school year?

Fr_Chuck
Jun 10, 2012, 09:25 AM
As noted, you can refuse to sign or agree to a new lease. Then you by default will be on month to month, at that point and time it will be up to the landlord to decide if they wish to give you notice to evict.

ScottGem
Jun 10, 2012, 09:31 AM
Most leases in Gainesville (college town) end on July 31.

That's why! They figure if they can't rent it during the summer, they won't rent it until the next summer. And that is not an unreasonable stance for them to take.

You should have considered that in planning your house hunting.


to either resign and then just leave

You do NOT want to do this in FL. Florida does not require the landlord to make a good faith effort find a tenant. So they can hold you to the balance of the lease. I'd be more inclined to take it to court. Just continue paying once the lease expires and let them give you notice. If there is no automatic renewal clause, then they have to either offer a new lease or give you notice to vacate. If they do neither the lease reverts to a periodic tenancy. If you refuse to vacate, let them take you to court. If they do, then you explain to the judge, that you are buying a house and didn't want to renew. Tell the judge that the complex has vacancies so you would not be causing an additional hardship by staying month to month. Tell the judge that you tried to negotiate something. And tell the judge that if the court orders you will move.