My Lease Expired Two Months Ago, The Landlord Allowed Me To Continue At The Same Rent Without Signing A New Lease. Now, The Landlord Wants Me To Sign A New Lease.

Since the landlord accepted rent after the original lease expired, a tenancy­at­will was created. The tenant continues to occupy the unit under the same terms and conditions as in the expired lease. However, with a tenant­at­will, 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 so provides. It is better practice however to provide written notice since the document offers some tangible evidence that notice was given. 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 days to sign the new lease.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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