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.
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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.