Check out some similar questions!

starlight208 · Sep 15, 2010, 05:17 PM

Hello,

We have been residing in our home for 15 months now, we have a lease for the first year and now a extension of lease for this year which ends on May 31, 2010. We were notified yesterday by phone that they want us to move out in the next 6 weeks.
We have not broke our contract and are in good standing with our rent.
In the lease it mentions if the natural expiration of this lease is expired and we go from month to month that they can give us 30 days to move out.
But we have the residential lease extension.
Is this legal what they are doing?
If not what can we do?

Thank you

Fr_Chuck · Sep 15, 2010, 05:26 PM

I have moved your post to a question of its own.
Thank you for noticing it and reporting the error.

If the lease expired on May 31 of 2010, that is already past and you would be on a month to month,

If it RENEWED in May of 2010 and now ends in May of 2011, they just can't make you move, you merely inform them that you have a lease though that date, and if they would like to buy your lease out, you may be willing to move for a certain sum of money. ** not set fee but often equal to 3 or 4 months of rent plus moving costs.

ScottGem · Sep 15, 2010, 05:32 PM

I agree with Chuck. But you mention a lease extension. Do you have anything on writing that says your lease now expires in 2011?

Unless you have something like that, or the lease has an automatic renewal clause for another year, then you are a month to month tenant. And subject to a notice of one renatl period.

starlight208 · Sep 15, 2010, 09:05 PM

Thank you for the fast response, it has put me a little at ease... Our lease is in writing both the original lease and the new extension from June 2009 when we signed first lease till may 31, 2010 and the new extension is from June 2010 till may 31st 2011.
We renewed the extension on march 6, 2010.
Does this mean that we are covered by our lease to finish our lease out?
Also, the landlord mentioned that they were going to come by with a personal written notice asking us to vacate.
What would we do at this point?

Thank you in advance
Starlight

LisaB4657 · Sep 15, 2010, 09:44 PM

If you have a written lease until May 31, 2011 and if you haven't violated any of the terms of the lease then the lease has to be honored. If the landlord wants to break the lease you can tell them that they will have to pay you to move. You should ask for 2 or 3 months rent plus moving expenses.

You don't have to move out until the lease expires. But if the landlord wants you out and is willing to pay to get you out then it's a good idea to take their money and find a new place.

starlight208 · Sep 16, 2010, 12:03 AM

If they agree to 2 or 3 months rent, do we sstill get our deposit back when we do move?

ScottGem · Sep 16, 2010, 03:42 AM

Please don't use the comments feature for follow-up. Use the Answer options instead.

Yes, you should still get your deposit back. The deposit is used to provide security for the landlord in case you vacate leaving damages or owing money. If not, then it should be returned.

A lease is a binding contract on both sides. Just as you can't move out before the lease ends, they can't kick you out.

When they come with the written notice, show them your copy of the lease signed by them extending your tenancy to 2011. Tell them you understand they made need to property back and that you are willing to move as soon as you can, but you will require they pay you a penalty of 2-3 months rent and moving expenses. If they agree GET IT IN WRITING!