The tenant needs to read the expired lease carefully, especially the language on renewal or extension. The language of the lease will control. Generally, where the lease requires a renewal (a new contract) at end of the term, and the term ends without such a renewal, the tenancy has terminated. However, if the landlord has accepted rental and permitted the tenant to remain, a tenancyatwill has been created. The terms of the original lease would still apply except as to notice to vacate or change the lease terms which would remain 60 days for the landlord and 30 days for the tenant. If the language of the lease says that after expiration of the original term the parties have the right to extend under the same terms, acceptance of rent by the landlord extends the lease and all its terms including length of tenancy. In such a case no tenancyatwill is created.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified landlord tenant lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local landlord tenant attorney to discuss your specific legal situation.