Ask Experts Questions for FREE Help !
Ask
    caelig's Avatar
    caelig Posts: 3, Reputation: 1
    New Member
     
    #1

    Jun 24, 2013, 12:46 PM
    Is it OK to use year-to-year in place of month-to-month in a rental house lease?
    As a landlord, I would like to write into the lease for renting a house, under the Holdover by Lessee section: A new year to-year tenancy, rather than a new month-to-month tenancy shall be created... The reason for this is I prefer to have vacancies in the summer months. This would automatically renew the lease for those who want to stay and would save us all the time and effort to sign a new lease at the end of each year. I am wondering if it is legal for me to do this.
    Thanks,
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #2

    Jun 24, 2013, 01:02 PM
    It's legal as long as there are no changes to the lease, including the amount of rent.
    (I'm not following what this has to do with keeping the house vacant in the summer... )
    Of course make sure tenants know this, and remind them with at least a phone call or email, 30 - 60 days before the end of the term. Not because you have to.
    caelig's Avatar
    caelig Posts: 3, Reputation: 1
    New Member
     
    #3

    Jun 24, 2013, 02:08 PM
    The reason I want the lease to renew year-to-year instead of month-to-month is I don't want people to leave during the winter months, when it is harder to find tenants. Also, summer is when most people move. I want the lease to end on July 31 every year. Month to month opens me up to the possibility of needing to rent it in a winter month.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #4

    Jun 24, 2013, 02:49 PM
    I used to tell roommates (renting in my house) that they had to give me 90 days notice for leaving Nov - Feb 1st. 60 days notice for Oct, March, April, and 30 days for May - Sep 1st. Or sign a year lease. That's probably too complicated for most landlording. I was trying to be accommodating to people I lived with. I had to give the same notice for vacating or raising the rent or any other changes.
    Landlords can write their own terms in many cases. You just need to know the laws of your state. Many states have an online handbook.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jun 24, 2013, 03:52 PM
    Depends on local laws. But generally, you can add an automatic renewal clause. I would word it like this.

    This lease expires on 7/31/2014. It will be automatically renewed for a one year term unless a notice of termination is submitted in writing 60 days prior to the expiration date. Any increase in the rental will require the same 60 day notice.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #6

    Jun 24, 2013, 04:37 PM
    Quote Originally Posted by ScottGem View Post
    Depends on local laws. But generally, you can add an automatic renewal clause. ...
    "Local" being state statute if in the US. or whatever law governs if in another country. It would be very unusual indeed if a "local" town, city, or county had such laws.
    caelig's Avatar
    caelig Posts: 3, Reputation: 1
    New Member
     
    #7

    Jun 24, 2013, 05:22 PM
    Quote Originally Posted by ScottGem View Post
    Depends on local laws. But generally, you can add an automatic renewal clause. I would word it like this.

    This lease expires on 7/31/2014. It will be automatically renewed for a one year term unless a notice of termination is submitted in writing 60 days prior to the expiration date. Any increase in the rental will require the same 60 day notice.
    Thank you for your response. We are in MN. Basically, I just want to avoid having to find new tenants in our snowy winter months. Does anyone have any suggestions as to how I might achieve this? July, August and Sept 1 are really the most desirable times.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Jun 24, 2013, 05:37 PM
    Quote Originally Posted by caelig View Post
    Thank you for your response. We are in MN. Basically, I just want to avoid having to find new tenants in our snowy winter months. Does anyone have any suggestions as to how I might achieve this? July, August and Sept 1 are really the most desirable times.
    I told you how. There is no reason you can't have an automatic renewal clause like I suggested. However, MN law requires that you be very careful about automatic renewal clauses. MN statute 504B.145 (https://www.revisor.mn.gov/statutes/?id=504B.145) requires that you make sure the tenant is aware of the clause and that inform the tenant in writing that the clause is coming due.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

One year lease is up now switching over to month to month rental [ 4 Answers ]

I live in Florida I had a one year lease that has been up for some time now in the lease it states that once the one year is up it switches over to month to month rental. What does that mean am I no longer bound by the terms of the original lease? We have been living here for about 3 years now...

Year lease convert to a month-to-month? [ 1 Answers ]

In the State of Utah, does a year lease automatically convert to a month-to-month at the end of the year term?

In Idaho, after a year's lease, are the renters able to go month-to-month, or do they [ 9 Answers ]

Our daughter at Univ of Idaho is on a year lease for an apartment. After this year, they want either a 6 month or 12 month lease. This will mean that when she graduates in December, 2011, she will still owe 2 more months on the lease. Aren't their renter laws that allow month-month after at least...

Year lease expired in January. Are we now a month to month? [ 4 Answers ]

Our one year lease expired in January. I called the landlord then and reminded him we needed to renew the lease. He said he would stop by and take care of it, but never did.After a couple more calls into him with nothing done I gave up. Did the lease then go to a month to month? I've read our...

Getting a month to month tenant to sign 1 year lease [ 2 Answers ]

My New Jersey tenant signed a 1 year lease that ended last year and stayed in the apartment on a month to month lease. I am now thinking of putting the bldg up for sale. Is it important to have all tenants with signed leases when I put it up for sale? They seem to be dragging their feet on signing...


View more questions Search