Automatic lease renewal

[phreakn]

What is the name of your state (only U.S. law)? Georgia

hello, my lease recently expired at the end of October. I was not aware that it had expired and had already paid my rent for November through an automatic Bill Pay as I do normally. I was contacted by the mgmt company at the beginning of the month and was told I could simply email stating that I would like to renew for an additional 4 months.

I forgot to send the email and just now remembered when I went to pay this month's rent. I received an email in the mail a few days ago stating that my lease had automatically renewed for a period of 1 year. I normally only renew for 4 month periods. Furthermore, I the original lease that I signed was only for a period of 6 months.

Is it possible for the mgmt company to renew my lease for automatically for a period of time longer than the original lease term? Do I have any recourse at this point? I am going to speak with them tomorrow, but I am really worried at this point as I do not want to remain at this location for another year. Thanks in advance.

Brad

[Equeen]

What does your lease state about Holdover? How this is handled is written in most leases so look there first so you can speak to the management company from a position of knowledge.

[ecmst12]

The only way your lease can auto-renew for 1 year is if it's WRITTEN IN that it will renew for 1 year if written notice is not given prior to the end of the lease. If it's not in there, explicitly, then they can't enforce a 1 year renewal without a new lease signature and you are now month-to-month.

[phreakn]

Originally Posted by Equeen

What does your lease state about Holdover? How this is handled is written in most leases so look there first so you can speak to the management company from a position of knowledge.

I am not sure I will check into this. Thanks.

Originally Posted by ecmst12

The only way your lease can auto-renew for 1 year is if it's WRITTEN IN that it will renew for 1 year if written notice is not given prior to the end of the lease. If it's not in there, explicitly, then they can't enforce a 1 year renewal without a new lease signature and you are now month-to-month.

Again, I will need to check this. I'm pretty sure I am on a month to month already, because my original lease expired and I have renewed for a period of 4 months several times.

I need to check my lease for both of these things, problem is, I need to locate a copy of my lease first.

[Equeen]

On the lease I use there is a separate and specific clause listed as Holdover. Every lease I have seen had it. I think once you locate your lease it should be easily spotted, or not if it's not in there at all? But that hasn't been my experience.

I don't know if the laws very state to state on Holdover or not but if in fact you don't find it in your lease you might want to check out your state and local tenant laws just in case.

I agree with the other poster, my experience is unless it is written in the lease you are a MTM tenant.

[phreakn]

still cant find a copy of my lease. however, I did find a copy of the last renewal I sent in. Its simply hand written on a piece of paper and says the following:

"I would like to extend my lease for <address> for a period of 4 months ending 10/31/09. Please call before releasing.

<Signature and date>"

This is what they use to allow me to renew. In fact this is what I have done each time I renew. Seems to me that this would serve as an amendment to my lease at the very minimum.

I guess I'm going to have to go to the mgmt co to get a copy of the lease unless I can find it tonight. Anyway, would the above piece of paper serve me in any way in this situation?

Thanks again.

[Equeen]

If they have accepted it in the past a judge might see it as them setting a precedent but I still think a lot will depend on what the lease says.

I also suggest you try talking to them. Give them a chance to be decent. This just might be a case of some office worker following her "to do" list. I think to often people gear up for a fight when there doesn't need to be one.

With the tough economy we have right now LL's want to keep people in their rentals. Good tenants are hard to come by. If you've been a good tenant I think you should be able to work this out, especially if you are willing to commit to at least 4 more months.
Good Luck!!

[ecmst12]

You need to find your original lease. I doubt it has any auto-renewal clause in it but you won't know until you find it.

[rhinocl]

Before you go running to attorneys have you gone in to speak with the manager in person and explain what you want. Keep in mind that changing to a shorter renewal period may raise your rent.