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Do you have to sign papers when renewing an apartment lease?

Our apartment lease ended back in June but our leasing office haven't given us any paperwork to sign. We wanted to stay here but now are hoping to be able to move. So we're confused on where we stand with our lease since nothing was ever signed. Are we stuck here another year or are we in some kind of month to month type thing?

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Asked by Shortma197 at 12:31 AM on Sep. 24, 2012 in Home & Garden

Level 15 (2,228 Credits)
Answers (10)
  • You are probably on a month-to-month plan. Call your apartment office to be sure.

    Answer by anng.atlanta at 12:36 AM on Sep. 24, 2012

  • For a lease to be officially renewed, it has to be signed each time the term is up. If you didn't sign anything when your lease ran out, you can probably move without a penalty. Watch out, though, because if the apartment owner or management company is unhappy that you aren't staying another year, you may not get your deposit back. You should get it back since you aren't under contract to stay, but all kind of bogus reasons are used to keep deposits unjustly.

    Answer by Ballad at 12:39 AM on Sep. 24, 2012

  • If no lease is renewed its month to month and either party can give 20 days notice to va├žate. That's law for my state.

    Answer by staciandababy at 12:42 AM on Sep. 24, 2012

  • You check the laws of the state and the contract you sign. Most states you sign each year ir tem as a new contract, If somehow that doen'tmhappen then there is usually a month to month that kicks in and it is usually quite a bit higher. Some states have a clause that says if you do not inform the lessor of your intentions to move or change the contract the lease goes into effect for another full year.
    Read your contract.

    Answer by Dardenella at 1:20 AM on Sep. 24, 2012

  • i know in ny you sign every time you renew your lease.

    Answer by MooNFaeRie30 at 6:01 AM on Sep. 24, 2012

  • Well actually it depends on what your old lease says. SOme say that without signing a new lease then you are on a month to month others (like ours) say that once you pay one month of rent after the lease expired then you have renewed for another year at the same terms (we usually go to the tenants before expiration with a rent increase though so it is moot). You really need to read your lease and see what it says and if it doesn't specify then read up on your state and local laws and see if they say anything about it.

    Answer by aeneva at 9:43 AM on Sep. 24, 2012

  • Well I read my lease and it says if a new lease isn't signed it then goes on a month to month bases. I also called the leasing office to make sure so we don't get trapped in anything. It's all good news for now.

    Comment by Shortma197 (original poster) at 9:53 AM on Sep. 24, 2012

  • Call them and ask.

    Answer by booklover545 at 12:55 PM on Sep. 24, 2012

  • You have to sign a new lease yrly.... so if you have not signed a new one then chances are
    you are on a month to month...
    You are not bound to the old yr lease... but you still are required to give a 30 day notice of quit (move)
    that why you will be entitled to any deposit that might be coming back to you...

    Answer by gmasboy at 4:50 PM on Sep. 24, 2012

  • For all those that said you HAVE to sign a new lease that is NOT true at all. Our lease (we are the landlords) flat out says that if they pay one month of rent and we accept it after their lease end date then the lease is renewed for a year per the same terms. It is written by a lawyer and has been tested in court so I know it is legal in our locale at least. Most leases do state they convert to month to month though, but they do not HAVE to.

    Glad to hear the OPs converted to a month to month though.

    Answer by aeneva at 8:28 PM on Sep. 24, 2012

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