[spetrushka]

We have rented a property for several years from our landlord under a 1 year written rental agreement. Nearing the end of our current agreement, our landlord offered us (as he has done several times before) an updated 1 year lease rental agreement sent via e-mail with an increase in the monthly amount. We informed him via e-mail that we agreed to the new terms of the agreement, but before we could send him the signed document, he claims we took too long, and now refuses to honor his latest offer. He expects us to vacate at the end of the current agreement, which ends in two weeks.

Our rent is current, and we never informed him that we planned to move out at the end of the current agreement. We feel the new lease agreement offered by him and accepted by us will remain in force.

He sent no rescind notice, or 30 day notice that he was terminating any agreement.

We are a family of 3 with a child under 18 years of age. What is the best course of action to protect our tenancy? What can we do to prevent him from forcing us out?

[smoothy]

Absent a WRITTEN and SIGNED lease... you are month to month and he CAN give you 30 days notice to vacate. (assuming you aren't in California). And he did decide NOT to renew your lease before one was signed...which is HIS tright to do.

You don't own the house/apartment and he does... Your best course of action its to find another place to rent ASAP.

Be glad you aren't in Florida, they only have to give 2 weeks notice there.

[AK lawyer]

It will depend upon the wording of the statute of frauds for whichever state it is on which you are located. Some SOFs require (for an agreement regarding real property which a lease is) that it be "signed". An exchange of e-mails is a "writing", and I would argue that it is also signed but, as I say, it will depend upon state law.

I am of the opinion that the landlord is bound by the terms of the new lease to which he agreed.

[ScottGem]

We need some more info here. First, any question on law needs to include your general locale as laws vary by area. Second, You need to look at your current lease. When does it expire? What does it say about renewal or termination? Did the e-mail include any time limit on responding? When was the e-mail sent with respect to when the lease expired and how long did you take to respond?

Many leases have a standard clause that states the tenant must inform the landlord of their plans to renew or remain a certain amount of time prior to the lease expiring (usually one month). So lets say the lease expires on 8/30 (which appears to be the case) and the landlord sent the new agreement prior to 7/31, but you responded after 8/1. In such a case, the landlord could assume you did not plan to renew and would vacate by 8/30. And a court of law could, very likely, uphold that.

I agree with AK, that the lease the landlord sent via e-mail would be binding, but your delay in accepting could give him an out.

Without knowing more details about the timing and the wording of the current lease, I'm not so sure you can protect your tenancy. Based on what I know of standard leases, you could be on shaky ground here.

[Fr_Chuck]

He is allowed to cancel the offer of the lease anytime, before you sign it and accept it.

So your delay, allows him to cancel the offer.

When your current lease ends, you are then on a month to month rental.

The amount of notice to move out, will depend on the exact terms of current lease.