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Automatic Renewal

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FEMAdude

Junior Member
What is the name of your state? Virginia

Sorry for the redundency of this topic, but I couldn't find the answer in the forum. I rented an apartment for a one year term that ended on 31 May 2007. The lease has an automatic renewal clause in it that states: "At the expiration of the lease term, in absence of written notice otherwise, the lease will renew for another term." Now, this is my question. Because the clause doesn't specify a time frame for the renewal term, and I pay on a month to month basis, could this be considered a month to month lease even though the original lease was for a one year term? To me it appears it could be a loophole that would allow me to end my lease early.What is the name of your state?
 


BL

Senior Member
What is the name of your state? Virginia

Sorry for the redundency of this topic, but I couldn't find the answer in the forum. I rented an apartment for a one year term that ended on 31 May 2007. The lease has an automatic renewal clause in it that states: "At the expiration of the lease term, in absence of written notice otherwise, the lease will renew for another term." Now, this is my question. Because the clause doesn't specify a time frame for the renewal term, and I pay on a month to month basis, could this be considered a month to month lease even though the original lease was for a one year term? To me it appears it could be a loophole that would allow me to end my lease early.What is the name of your state?
The lease renewed for one year .

It just means you pay month to month .

Is there a clause in the lease for early termination ?
 

FEMAdude

Junior Member
Thanks for the response Blonde Lesbien. One more thought, even though the renewal clause lacks a specific term of renewal, should it be assumed that it is automatically renewed for one year? Since the term of renewal is unspecified, and I pay by the month, and a month to month tenancy requires only 30 days notice to vacate, could I end this lease with a 30 day notice?
 

Zigner

Senior Member, Non-Attorney
Thanks for the response Blonde Lesbien.
Wow, just wow.

One more thought, even though the renewal clause lacks a specific term of renewal, should it be assumed that it is automatically renewed for one year? Since the term of renewal is unspecified, and I pay by the month, and a month to month tenancy requires only 30 days notice to vacate, could I end this lease with a 30 day notice?
Nope, the TERM of your lease is 12 months (1 year). You pay rent monthly during the 1 year term of the lease.
 

BL

Senior Member
Thanks for the response Blonde Lesbien. One more thought, even though the renewal clause lacks a specific term of renewal, should it be assumed that it is automatically renewed for one year? Since the term of renewal is unspecified, and I pay by the month, and a month to month tenancy requires only 30 days notice to vacate, could I end this lease with a 30 day notice?
perhaps you should adjust your spectacles , and if done on purpose adjust your ways .
 

johnd

Member
"At the expiration of the lease term, in absence of written notice otherwise, the lease will renew for another term."
Yet another poorly drafted document (provision).

Firstly, automatic renewals are illegal in most states (I don't know about VA) without advance written notification.

Secondly, the "term" is patently one year expiring on 5-31-07...nowhere in that sentence could I construe it to be a month. The incoherency of extrapolating the initial term (6-1-06 to 5-31-07) to advance automatically to some different time period is completely illogical...it is a non sequitor, and it cannot make sense. Without first defining the initial term (the "Term"), and then defining a second term ("Term 2"), the language cannot be understood by the brighest of magistrates, nor the dimmest of primates.

The drafter's less than masterful grasp of the English language, contract law, and most probably VA LL/tenant law makes the automatic renewal clause null and void.

Also, understand that a phrase does not a contract make. The entire laguage within the four corners is what makes a contract, and without seeing all the verbiage, there may very well be other provisos that make this contract complete and enforceable.
 

FEMAdude

Junior Member
Blonde Lebinese,

Please forgive me for the mistype. It was not done intentionally, I just typed in what I thought I saw. In the future, I will be be certain to proof-read my posts before posting. I really appreciated your response and I never intended to cause harm.
 

Alaska landlord

Senior Member
I can see where if the landlord would have written a contract in legal verbiage most tenants would complain that the lease was incomprehensible. In PA for example a lease must be written in simple everyday language. The above lease seems to be written in very straight forward language, but to anyone wanting to get out of a lease obligation it also presents an opportunity.
 

ecmst12

Senior Member
Since most LL/T issues are battled out in small claims court, it would be up to the presiding judge to decide whether the clause is understandable to a "reasonable tenant". He/she might not necessarily hold the contract up to the strict legal verbage standards that a higher court might.
 

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