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Are Tenants Legally Bound by Lease Signed in 2005?

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lrd102

Junior Member
NJ is my state of residence. I live in a 2 family house. Tenants occupy the 2nd floor and I live on the 1st floor. When they moved into the apartment in 2005, they signed a lease for one year. After the 1st year, it became (and still is) a month-to-month tenancy. One of the terms of the lease stated a $50 late charge would be added to the rent if they paid the rent after the 5th of the month. When I asked for the rent yesterday, they told me they didn't have it and wouldn't have it until sometime this week. I then informed them that they will have to pay a $50.00 late charge. They told me since the signed lease expired in 2006, that no longer applied. I was told by a real estate agent that even though they didn't sign a lease for their month-to-month tenancy, they still have to abide by the terms of the lease they signed. What is true? Are they still legally bound by the terms of that lease or not? Am I entitled to the late charge or not? Thank you.
 


Gail in Georgia

Senior Member
Did the lease specify that it switches to a month to month lease after the initial year is up (mine does)?

If so, all the "rules" of the initial lease (including late fees) still stand. The only thing that is different about the lease is that is now a month to month tenancy.

Gail
 

ecmst12

Senior Member
Most typically, a lease that has converted to month to month after the term expires will leave all the original terms in effect other then the term itself. You will have to read the language in your lease specfically as well as your state laws to get a 100% certain answer, but that is usually how it works.
 

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