Last year, I signed a lease with a term from the 20th of October 2006 to the 30th of September 2007. I am slightly confused with 2 paragraphs of the lease.

The paragraphs of the lease:
"NOTHING IN THIS LEASE SHALL BE CONSTRUED AS GIVING THE TENANTS THE RIGHT TO EXTEND THIS LEASE ON A MONTH-TO-MONTH BASIS, ALL RENEWALS WILL BE EXECUTED IN WRITING WITH THE APPROPRIATE THIRTY (30) DAYS WRITTEN NOTICE."

(and right below that is this)

"This Lease shall be extended automatically from month to month upon the sames terms and conditions as herein set forth unless either of the parties gives to the other at least thirty (30) days written notice of his intention not to extend the Lease at the end of the then current Lease term. If the Lease is extended thirty (30) days prior written notice by either party shall be required to terminate this Lease, Said notice shall be received no later than the first day of the month and the tenancy shall terminate on the last day of the month."



I interpret this to mean that 1) if the landlord does not want to extend month to month (which is his right) he has to give me 30 days notice. 2) unless either of us write and tell the other "I'm not renewing", the lease is extended month-month, and we both must give the other 30 days notice.

From mid Sept. to early Oct. the management company called about 2 times stating they hadn't received our renewal. We told them that we haven't received a renewal letter, each time they said we'll get that to you. We have yet to receive a renewal form.
I sent the Oct. rent check, which they cashed, and assumed we had gone month to month.

Yesterday, I received a letter from the rental management agency which basically said that the lease expired on Sept 30th, they sent me a renewal letter that was not signed or returned (seeing as I never got one, that's kind of hard to do). It states that I must vacate the property 12:00 pm on 31st Oct. 2007. They also stated that there is an enclosed letter to help move-out smoother, however it's very convenient that the enclosed letter was NOT there.

I personally would like to stay month to month, seeing as there is a high probability I will be moving in Jan. I do plan on sending them a letter 30 days in advance saying I will vacate. So, I really don't want to sign a lease, considering I will most likely break it in 3 months. Knowing this rental company, they would like to make me sign a lease, even if I tell them I will break it, seeing as they can then get at least one month's rent from me. I've rented quite a bit and this one agency has to be one of the worst.

My real question however: Is this within their right to do this? From the lease, I read if they wanted me to vacate they should have sent me a letter on Sept. 1st, stating they will not go month to month, and unless I renew I will have to vacate Sept. 30th. Or if they wanted me out on Oct. 31st. I should have received a letter Oct. 1st. Considering they cashed the Oct. rent, I was assuming they were going month-month.

Are they just trying to use a scare tactic to make me sign a 1 year lease, if that's the case, I'd rather them just say so. I've thought about sending in the Nov. rent early and seeing if they cash that early.

I think you have it exactly correct. I interpret those two paragraphs the same way you do.

Do you have an attorney friend? I would send them a letter on an attorney's stationary, stating what you did about the terms of the lease. I would offer to sign a short tem lease until the end of the year. However, if they want you out, then they can give you notice and you will have to leave by 11/30.

Right, the other question is whether this recent letter I got from them could be considered a 30 day notice for Nov. 31st, even though it is stated 31st Oct.

If it not they have time to get you one

Now things have gotten a little bit worse. I called up the rental agency this morning to see if we could work things out. I was very rudely informed that they would not go month to month. When I mentioned that I will most likely be moving at the end of December, the rental management owner said they could go until the end of Jan. The reason for this is that the rental market is so much better in Feb. vs. Jan. I'm sorry, I call BS on this. I've watched the market like a hawk (considering I would like to buy) and Jan.. . Feb.. . It doesn't matter at all.

I also mentioned about this letter I received and how I didn't get anything else earlier. Of course, they claim they sent it. They also claim they have a receipt. I don't know how they have a receipt because, my wife nor I ever signed for anything. This letter is the 1st communiqué we've had with them. I received nothing in August, Sept, up until 20th Oct.

Questions: If I had received a certified letter that I signed, I would say great, I've got 30 days to make up my mind. I'm not going to sign a lease when I know that I will end up breaking that lease. If I interpret things correctly from my lease, they only way that they could make me sign a new lease or leave is to send me a certified letter saying something to the effect "we will not go month-to-month" you have 30 days to sign a new lease or leave.

I would agree with their current position, if I had received a letter before the 1st of Oct.

Call their bluff. Tell them since you have (or had) received no notification about either termination or renewal then you assumed, under the terms of the lease , that you were now month to month. If they want to terminate the lease, they are free to do so providing they give you 30 days notice. Since you have received no prior notice, then you have believe they cannot throw you out for at least 30 days. If they want to try you will be glad to argue this before a judge.