How long do you allow tenant month to month after lease expires?

Question

I have a current tenant and their lease has expired. The lease expired in November and we’ve discussed them paying month to month. Should I have the tenant sign a new lease? Is it too late? My current lease allows for a 30 day notice when my tenant wants to move out.

Help me out!

Nathan Gesner · Answer

You can sign a new lease any time by giving them 30 days notice, just like they can give 30 days notice to vacate. I don't mind M2M during the winter because I'd rather not face a vacancy. I usually allow M2M until the end of June and then I want a signed lease that carries through winter.

Ed Emmons · Answer

In my state if a person is not on a lease they are referred to as “tenant at will”. Under that status a tenant has a lot more rights in their favor. On my leases, I have wording that says something to the effect, “if this lease expires, tenant may stay on a month to month basis but still subject to the terms of the lease until such time a new lease is signed.” So the specific laws to your state come in to play in comparison to what is written in your lease.

Corby Goade · Answer

I do everything I can to avoid a winter vacancy, so I always take that in to account. My lease has a clause that tenants pay a premium to go month to month- typically around 10%, so I don't mind it so much. At 10% a year of M2M pays for more than a month of vacancy, and more often than not, I come out ahead.

Thomas S. · Answer

You may find your lease automatically became M2M under the original lease terms depending on your state regulations. The lease will continue indefinably unless you have them sign a new lease.

It is probably time you learned your stste regulations if you have not done so already. It is your responsibility to know the law.

Steve Vaughan · Answer

Better remind them to make a decision whether to stay or not right away! LOL

I have always allowed mine to quietly roll into a m-m if all is well.  I have a bunch of 10yr+ tenants because I have never forced them or reminded them to make a decision. Remind them if you want to, but vacancy sucks.

How long do you allow tenant month to month after lease expires?

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