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

[David McClain]

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!

[Ed Emmons]

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.