May
07
What is my rights if my lease expired and landlord ask to sign a new lease or vacate the shop within one month
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After my lease expired and I did not renew it. The landlord ask me to sign a new lease at much higher price or vacate the shop within one month. What kind of rights do I have? Currently I am looking for a new shop around and negociating the lease with another owner. But it will take two or three months for me to move the new shop. Does the current lanlord have the rights to force me vacate the shop after give me one month notice? Or I can still stay here until my new shop ready as long as I pay the rent?
Thanks.
Quick House Sale
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9 Comments
February 28th, 2010 at 2:32 pm
That depends. You need to read the fine print of the contract. Does it say in the contract that you’re required to sign a new lease or does it say that it automatically goes month to month? Everything depends upon the contract. That’s why one should always read them carefully.
I would definitely talk to a real estate attorney with your contract or even the Attorney Generals office (in your state/area) regarding your rights. Also, see if one of them can go over the contract with you. There are many more laws to protect the renters than the landlord, especially in homes. Commercial is a whole different ballgame and can be very touchy.
March 1st, 2010 at 7:09 pm
Month to month means just that. Either you or the landlord can end the relationship by giving the other a month’s notice. He is within his rights to ask you to either negotiate and sign a new lease, or be gone in a month.
March 4th, 2010 at 11:38 pm
You don’t have any rights.
When your lease runs out, that’s it. Your landlord DOES NOT have to let you run on a month-to-month.
If she wants you to renew or get out within 30 days, she has that right.
If you are renting small business commerical, landlords will generally not entertain a month-to-month tenancy.
PS: Barsh is incorrect. A lease DOES NOT have to state that you are REQUIRED to renew or go a month-to-month.
Once the lease term ends, no lease in real estate, has to provide grounds or spell out terms for a renewal, for two reasons.
1. Because the landlord can present you with an ENTIRELY NEW lease at that point, with new terms, new rental amounts, new everything…b/c your other contract ended.
2. Bcause a STATUTORY lease (by operation of law) takes over on a month-to-month tenancy when the written lease ends. That is what gives tenants rights in the event no written lease exists.
So when the lease ends, she can give you 30-days or you can give her 30-days.
So, IN LIEU OF, her terminating your tenancy in your shop with a 30-day notice, she is OFFERING you the OPTION of a renewal.
That is why you have no rights at this point, other than a 30-day notice.
March 6th, 2010 at 9:56 am
Welcome to the rough life of being a tenant. You have no rights whatsoever to stay in those premises. Were I you, I would inform the landlord of your intentions to leave, and offer to pay that much higher price on a month to month basis until you leave. He MIGHT take you up on your offer. If he doesn’t, out the door you go.
March 6th, 2010 at 10:45 am
You’ve been given the choice of renewing or vacating.
This is a commercial rental, correct? Very different than residential.
March 9th, 2010 at 10:31 am
When your lease expired and you didn’t sign a new one you went into a month to month and the landlord can charge you anything he wants. If he starts eviction it will be 30 days, but when you don’t leave it will go to landlord/tenant court, you’ll end up paying court cost, but you’ll get an additional 30 days. After that the sheriff can set your stuff on the street.
March 10th, 2010 at 10:20 pm
your only right is…he has to give you 30-day notice in writing….he has the right to charge you for every month, and any partial month [he gets the full month], and penalties, and anything else he can get away with…..bottom line, no free storage for you……….
March 11th, 2010 at 9:09 am
This is a commercial lease and not residential. The laws are greatly different between the two.
Examples of many of the differences include that most residential leases prohibit a landlord from locking out a tenant (self help eviction). Many localities allow this for commercial leases.
One section you will want to pay close attention to in your lease is an area that talks about “holdover”. This will state what you owe in the event you are still in the property after the leases has ended. This can be as high as 150 or 200 % of the rent, if not more.
You can try and negotiate with your landlord for a month to month lease until you can get into the new place but he is under no obligation to accept it and may instead hold you to the holdover amount until you vacate. If you fail to pay he may move forward with a lockout.
Good luck!
March 13th, 2010 at 7:58 am
First of all you go through the contractual obligations between you and your land lord i.e.Terms and conditions of lease agreement, lease period, Notice period for vacating the premises increase of Price,etc. . If you find any advantage in the above terms and conditions you can approach court.Abnormal increase of rent is against law. It is Mandatory for every Land lord to give prior Notice. Don’t worry you will get enough time. Good luck.