I had a number of inquiries from tenants. These were not tenants of Castle Keepers, but friends of friends and in one case, friend of a landlord client. In three instances these tenants were faced with the same problem: they had allowed their lease to lapse, were operating on a month-to-month basis and now found that their landlord gave them notice that the tenant would have to vacate at the end of the month. None of these individuals thought this would happen. They thought that they could reside home, with no rent increase indefinitely.
In all three cases, the tenants were referred to me for advice. First PLEASE understand: I am not an attorney. I did not give these tenants advice on how to fight to stay in the home and I do not know if a successful fight can be mounted. At the end of the day, in my opinion as a property manager, these people have no choice but to find a new home and bear the cost of the move along new security deposits. The tenants asked if they fight to remain, but without a valid lease in place, I do not see the magistrate ruling in the tenant’s favor at an eviction hearing. Based on my experience, the tenant would not only lose the eviction hearing and have to move anyway, but with an eviction on their record, many property managers, including myself, would be disinclined to sign a lease with them in the future.
My advice for anyone who lease has expired is the same. If you are a tenant and you like the property it is in your best interest to sign a new lease to secure your right to remain in the home for another year. Even if the landlord asks for a modest increase in the monthly rent the lease gives the tenant to right to occupy the home for a year or more. I actually have tenants who appreciate their current rented homes so much they are signing two-year commitments for properties.
Are you currently residing a in a property that you like and can afford, but the lease has lapsed and you are operating month to month? Do yourself a favor, contact your landlord and see if you can renew the lease for a year. Being the slow time of the year, you should be able to renew with no rent increase.
