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  1. #1
    cahml is offline Junior Member
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    What are my rights after lease has expired?

    What is the name of your state (only U.S. law)? Alabama
    My lease expired 3 months ago. I notified the LL prior to that, that I would like to extend my lease. I followed up with them again several weeks later. I received no response until a week ago, when I received a new lease which included an increase in the rent.
    The original lease states: Renewal Terms: With 30 days written notice either party can terminate this agreement at the end of the initial term, but if no notice is given, then the agreement will be extended on a month-to month basis not to exceed 3 months. In the event that the lease is extended on a month-to-month,the rental rate will increase to present day fair market value, and will also be charged a month-to-month fee. Thirty days written notice by either party is required prior to termination during such month-to-month term.
    The original lease also states: Real Estate Adjustment: On and after the expiration of the initial t erm of this lease, the Landlord, at Landlords discretion, may alter the rental rate in effect provided only that written notice of such alteration is delivered as first class mail to the US Postal service, postage prepaid at least 30 days prior to the effective date of alteration

    I have neither received a written notice of an increase nor have I been charged a market increase or month to month fee.
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by cahml View Post
    What is the name of your state (only U.S. law)? Alabama
    My lease expired 3 months ago. I notified the LL prior to that, that I would like to extend my lease. I followed up with them again several weeks later. I received no response until a week ago, when I received a new lease which included an increase in the rent.
    The original lease states: Renewal Terms: With 30 days written notice either party can terminate this agreement at the end of the initial term, but if no notice is given, then the agreement will be extended on a month-to month basis not to exceed 3 months. In the event that the lease is extended on a month-to-month,the rental rate will increase to present day fair market value, and will also be charged a month-to-month fee. Thirty days written notice by either party is required prior to termination during such month-to-month term.
    The original lease also states: Real Estate Adjustment: On and after the expiration of the initial t erm of this lease, the Landlord, at Landlords discretion, may alter the rental rate in effect provided only that written notice of such alteration is delivered as first class mail to the US Postal service, postage prepaid at least 30 days prior to the effective date of alteration

    I have neither received a written notice of an increase nor have I been charged a market increase or month to month fee.
    At this point, you can assume that the tenancy is continuing as a month-to-month tenancy. Unless and until the LL provides you with proper notice of an increase or an amount he wants for a month-to-month fee, there is no change in your rent, nor any fee due. Proper notice would usually be 30 days prior to the effective date of any change in terms. And according to your lease documents, that notice would need to be submitted to you via First Class Mail.

    It's all spelled out clearly in your lease. Did you have a question that has not been addressed yet?
  3. #3
    FarmerJ is offline Senior Member
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    Apr 2002
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    Long shot here , its possible that even with out a long term lease offered by the LL the LL might not do anything and leave your rent as it is for some time while they collect a different rental rate on other units that could be higher than what your rent is. If you havent gotten proper notice for now telling you to move out or a rent increase then maybe its best to leave it alone for now.

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