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FAQ: My lease expired but my landlord continued to accept my rent. What happens now?

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FAQ: My lease expired but my landlord continued to accept my rent. What happens now?

My lease expired two months ago, but the landlord allowed me to continue at the same rent without signing a new lease. Now, the landlord has decided that I must sign a new lease with a higher rent or move out. The landlord gave me only two weeks notice to decide. What does the law say about this situation?  

Since the landlord accepted rent after the original lease expired, a tenancy-at-will was created. The tenant continues to occupy the unit under the same terms and conditions as in the expired lease. However, the landlord must give a sixty (60) day notice prior to any change in the tenancy, including increasing rent, an offer of a new lease, or termination of the rental arrangement. The landlord is not required to give this notice in writing unless the lease requires it. However, it is better practice to provide written notice. Likewise, the tenant must provide a thirty (30) day notice to the landlord if the tenant wants to terminate the tenancy. In this case, the landlord should have given the tenant sixty (60) days to sign the new lease or vacate.

Last Review and Update: Jul 25, 2011