Legal Q&A:

Legal Q&A: What happens when the lease expires?

October 24, 2017

Question: What happens when the lease expires? Is it assumed that the agreement goes month-to-month? Or should a new agreement be signed?

Answer: If the lease does not speak to renewal or reversion to month-to-month and the tenant remains in the premises with the landlord’s consent, the law will presume a month-to-month agreement if the rent is paid and accepted by the landlord. It then can be terminated by either side serving the other with a written 30-day or 60-day notice to quit.

Question: I have a lease with two male tenants. The lease specifies two occupants only. One of the tenants has a girlfriend who’s spent the night every day of the week for the last month. How do you determine when a guest is an occupant?

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