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    chausnic's Avatar
    chausnic Posts: 5, Reputation: 1
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    #1

    Sep 11, 2012, 09:53 AM
    Can I, as the landlord, choose not to exercise the option to renew a lease?
    Lease renewal question -North Carolina: the wording in the lease states that at the end of the six month term there is an option to renew month to month for six months, but I do not want to continue with the current tenants. I know I have to give them a 30 day notice prior to the end of the lease to vacate; but can that be the end of it?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Sep 11, 2012, 09:58 AM
    Can you state the actual complete sentence as shown on the lease? 'Option to renew month to month for six months' doesn't make a lot of sense, unless it also states a date by which the tenant must renew each of those six months, usually 30 days in advance. And this doesn't sound like a boilerplate lease, so where did it come from? If the tenant wrote it, I might expect a fight.
    chausnic's Avatar
    chausnic Posts: 5, Reputation: 1
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    #3

    Sep 11, 2012, 10:06 AM
    Quote Originally Posted by joypulv View Post
    Can you state the actual complete sentence as shown on the lease? 'Option to renew month to month for six months' doesn't make a lot of sense, unless it also states a date by which the tenant must renew each of those six months, usually 30 days in advance. And this doesn't sound like a boilerplate lease, so where did it come from? If the tenant wrote it, I might expect a fight.
    This is the term from the lease: TERM. The lease term will begin on June 04, 2012 and will terminate on December 03, 2012 with the option to go month-to-month from then until June 04, 2013 at which point another lease must be entered into. It came from an online landlord site and was modified by a law student (my mistake).

    These renters have been nothing but trouble to the neighborhood and have been served multiple lease violation notices in addition to emails and texts regarding their activities. I don't want to have to go through an eviction process but I know it's only a matter of time before we receive more complaints.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 11, 2012, 10:23 AM
    Quote Originally Posted by chausnic View Post
    ..." ... with the option to go month-to-month from then until June 04, 2013 at which point another lease must be entered into. " ...
    It's not a real "option". In reality, it has no legal effect.

    An option would be a legal right on the part of the tenant to create a binding contract (lease) for the period 12/3/12 to 6/4/13. Clearly, they cannot do so unless you were to agree to "another lease".

    So yes, you can terminate the lease in December.

    Next time, hire a real lawyer. :)
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