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Never signed lease extension, am I still bound under contract to stay? |
I signed a 6month lease when I first moved into my apartment. One month before my lease was set to expire I went to the office and told the people I was planning on staying for another 6 months. They said that they would get all the paperwork up and have me informed when it was ready for me to sign the next day. Well its been 3 weeks and I haven't heard a word or signed a thing yet. So, my question is...since I never signed anything saying I was staying am I legally still bound for another 6months? No, until you sign a lease you'll be on a month-to-month basis. You can leave on 30 days notice without incurring any penalties. Could be depending on whether your state allows for oral lease agreements. On the other hand, they haven't provided the paperwork, so that might be enough to defeat a claim that there was a contract for the extension. Not at all. had you signed the paper's then yes it is a written agreement, but since you have not then no you are not bound to anything. No, you are know known as a tennantat will, meaning it goes from one month to the next. If you offer a months rent and they accept, they are bound by law to permitt you to be there as long as you pay rent without a contract. According to most states. You have now entered into a month to month lease. If you were to leave you would have to give them 30 days notice. However the same is true if they want you to get out It depends on your local caselaw. Without a signed lease, generally, the lease becomes a month to month tenancy at will in common law. Unless you live in Louisiana, you probably are subject to the same line of case law. If you pay for a month's rent, your landlord under common law is required to honor that leasehold of one month under a legal theory called 'novation'. Leaseholds in excess of one month cannot be presumed in most common law jurisdictions, so without more information I would be inclined to say that you are not bound for another six months. No, but you do have to follow the rules outlined within your lease agreement for notice of termination of the lease agreement, i.e., 30 days written notice (probably). Make sure you do that if you are not going to stay. While you're digging around in your lease agreement, look for a paragraph that indicates that the lease will be renewed on a month to month basis after the initial term expires. Most residential leases have some version of this language in there - that should give you a little more guidance. But, to answer the "oral contract" question - No you don't have to stay another 6 months just because you verbally advised them you would - without signing another 6-month lease, you are still controlled by the original lease agreement and free to make yourself happy (and change your mind)! Good luck - |
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