Lease Changes

[I_Need_Advice]

What is the name of your state (only U.S. law)? - Minnesota

The 1-year lease we signed in 2011 will be expiring soon. Husband and I requested a month-to-month lease, as we plan to move within 6 months or so. The landlord spoke to my husband over the phone and the landlord agreed to switch our lease to month-to-month, however, he said the lease would be month-to-month from March 1st until November 1st. He said that he wants to set it up this way because it is hard for him to find renters from November to March. This doesn't make a whole lot of sense to me because if someone is looking for a place and they want it, they're going to rent it regardless of the time of year. Though it may be month-to-month, it seems like he is still trying to lock us into an 8-month lease.

Another thing the landlord said to my husband over the phone is that we need to provide a 58-day notice prior to vacating. To my knowledge, month-to-month means we are free to vacate whenever we are ready provided we give a 30-day notice. I am not sure why a 58-day notice would be required if we are switching over to a month-to-month lease.

The landlord is supposed to come to visit us in person in the middle of the week in order for us to sign it, but I am hesitant to sign it based on these terms.

Can someone please provide advice with regard to these changes? Do these changes seem okay or is he just simply trying to lock us into an 8-month lease with a 58-day notice of intent to vacate under the guise of it being month-to-month?

Thanks in advance.

 

[sandyclaus]

What is the name of your state (only U.S. law)? - Minnesota

The 1-year lease we signed in 2011 will be expiring soon. Husband and I requested a month-to-month lease, as we plan to move within 6 months or so. The landlord spoke to my husband over the phone and the landlord agreed to switch our lease to month-to-month, however, he said the lease would be month-to-month from March 1st until November 1st. He said that he wants to set it up this way because it is hard for him to find renters from November to March. This doesn't make a whole lot of sense to me because if someone is looking for a place and they want it, they're going to rent it regardless of the time of year. Though it may be month-to-month, it seems like he is still trying to lock us into an 8-month lease.

Another thing the landlord said to my husband over the phone is that we need to provide a 58-day notice prior to vacating. To my knowledge, month-to-month means we are free to vacate whenever we are ready provided we give a 30-day notice. I am not sure why a 58-day notice would be required if we are switching over to a month-to-month lease.

The landlord is supposed to come to visit us in person in the middle of the week in order for us to sign it, but I am hesitant to sign it based on these terms.

Can someone please provide advice with regard to these changes? Do these changes seem okay or is he just simply trying to lock us into an 8-month lease with a 58-day notice of intent to vacate under the guise of it being month-to-month?

Thanks in advance.

I'm confused. Either it will be a month-to-month with no time commitment, or it will be effectively a 8-month fixed term lease. He can't have it both ways - and neither should you accept it as such. A month-to-month would have no specific end date.

It definitely sounds like they are trying to lock you into a new fixed term lease, so I would be prepared to reject it if that's not what you are willing to agree to. Keep in mind that the LL will probably not be too happy about that, and may end up just terminating the tenancy with notice NOW instead of later.

 

[I_Need_Advice]

I'm confused. Either it will be a month-to-month with no time commitment, or it will be effectively a 8-month fixed term lease. He can't have it both ways - and neither should you accept it as such. A month-to-month would have no specific end date.

It definitely sounds like they are trying to lock you into a new fixed term lease, so I would be prepared to reject it if that's not what you are willing to agree to. Keep in mind that the LL will probably not be too happy about that, and may end up just terminating the tenancy with notice NOW instead of later.

Thank you for your input.

I wholeheartedly agree!

I will discuss with my husband. We may have to involve an attorney or just find another place to live on a month-to-month basis.

 

[Who's Liable?]

What is the name of your state (only U.S. law)? - Minnesota

The 1-year lease we signed in 2011 will be expiring soon. Husband and I requested a month-to-month lease, as we plan to move within 6 months or so. The landlord spoke to my husband over the phone and the landlord agreed to switch our lease to month-to-month, however, he said the lease would be month-to-month from March 1st until November 1st. He said that he wants to set it up this way because it is hard for him to find renters from November to March. This doesn't make a whole lot of sense to me because if someone is looking for a place and they want it, they're going to rent it regardless of the time of year. Though it may be month-to-month, it seems like he is still trying to lock us into an 8-month lease.

You are correct. The LL is trying to spin this. There is no such thing as a month-to-month fixed term lease, which is essentially what the LL is trying to do. The LL problem of trying to find renters during that time period is THEIR problem, NOT yours.

Another thing the landlord said to my husband over the phone is that we need to provide a 58-day notice prior to vacating. To my knowledge, month-to-month means we are free to vacate whenever we are ready provided we give a 30-day notice. I am not sure why a 58-day notice would be required if we are switching over to a month-to-month lease.

It depends on the Lease. Since your existing lease terminated, and it reverted to a month-to-month lease, ALL provisions of the lease are carried over. This means if your lease stated 60-days notice was required, than you still have to abide by those terms. However if the lease only stated 30-days notice, than only that is required. Revert to your lease for the specific amount of time required to provide notice to vacate.

The landlord is supposed to come to visit us in person in the middle of the week in order for us to sign it, but I am hesitant to sign it based on these terms.

You are under NO obligation to sign ANYTHING, however as stated before, if the LL does not want to provide you with a month-to-month lease, than they can provide your notice to vacate right away. They do no need a legal reason to evict you, it's the end of your lease.

Can someone please provide advice with regard to these changes? Do these changes seem okay or is he just simply trying to lock us into an 8-month lease with a 58-day notice of intent to vacate under the guise of it being month-to-month?

You hit the nail squarely on the head!

 

[Banned_Princess]

YOU need to reject the whole shebang, and give your 30 (or 60) day notice and move out at the end of the notice period. Write rejected on the lease, signed by ll and GET A COPY. like you said, when people want to move they will, nomatter when that is.

 

[I_Need_Advice]

It depends on the Lease. Since your existing lease terminated, and it reverted to a month-to-month lease, ALL provisions of the lease are carried over. This means if your lease stated 60-days notice was required, than you still have to abide by those terms. However if the lease only stated 30-days notice, than only that is required. Revert to your lease for the specific amount of time required to provide notice to vacate.

I read our lease, and this is the paragraph regarding end of lease term:

"NOTICE IF LEASE BECOMES MONTH-TO-MONTH: If this Lease is or becomes month-to-month, written notice is required by Landlord or Tenant to end the Lease. The notice must end the lease on the last day of a month, and must be received before the first day of that month. For example, to end a month-to-month lease on April 30, the notice must be received on March 31 or earlier."

Our 12-month lease ends Wednesday. We mailed them our request to switch the lease on January 31st. There has never been verbiage in the lease regarding the amount of time needed to send a notice to vacate. I asked about that on this forum, also, because were planning to move at the end of this month once our lease was up; however, our plans changed and we wanted to the lease to go from fixed to month-to-month. (On that thread, it was advised that without an actual statement on the lease about a 60-day notice, we needed to give a 30-day notice). So, not sure where he got the idea to change it to a 58-day notice.

Thanks for your input, also.

 

[I_Need_Advice]

YOU need to reject the whole shebang, and give your 30 (or 60) day notice and move out at the end of the notice period. Write rejected on the lease, signed by ll and GET A COPY. like you said, when people want to move they will, nomatter when that is.

Thanks for your input.

I want to work it out first before going to any extremes, as we have been on good terms with this LL with no issues, until now. If it so happens that the LL is not amenable to the terms we want (not the terms he just made up on the fly that don't even relate to the lease we are still under until March 1st), then we will move out.

 

[sandyclaus]

If you decide NOT to sign this new messed-up lease, remember that if your CURRENT expiring lease doesn't address a notice requirement (of 58 days or otherwise), neither you nor LL not obligated to give any more notice than is required by state law. For Minnesota, that is 30 days notice. It doesn't matter what the LL SAYS, but what is in writing that will apply here.

Be willing to negotiate what you want, but don't sign away your rights. And don't feel pressured to sign their lease if it's not something you agree to. The worst they can do is give you notice, and you have already said you're prepared to move and find a place where a month-to-month option is available.

 

[I_Need_Advice]

If you decide NOT to sign this new messed-up lease, remember that if your CURRENT expiring lease doesn't address a notice requirement (of 58 days or otherwise), neither you nor LL not obligated to give any more notice than is required by state law. For Minnesota, that is 30 days notice. It doesn't matter what the LL SAYS, but what is in writing that will apply here.

Be willing to negotiate what you want, but don't sign away your rights. And don't feel pressured to sign their lease if it's not something you agree to. The worst they can do is give you notice, and you have already said you're prepared to move and find a place where a month-to-month option is available.

Thanks, again, sandyclaus, for your reply. I'll provide an update on the situation after we meet with the landlord.

 

[AnotherTenant]

What is the name of your state (only U.S. law)? - Minnesota

The landlord spoke to my husband over the phone and the landlord agreed to switch our lease to month-to-month, however, he said the lease would be month-to-month from March 1st until November 1st. He said that he wants to set it up this way because it is hard for him to find renters from November to March.

OK, I'm reading this differently than everyone else, and the way I'm reading it it actually makes perfect sense.

I think the landlord is telling you that, because he has a hard time finding renters between November and March, he's willing to let you go month to month UNTIL November, but that after that he's going to want a fixed-term lease.

Now, the 58 days notice thing is still screwy, but this other part seems perfectly reasonable, if I'm interpreting it correctly.

 

[Gail in Georgia]

I tended to read this the same way, especially since the OP posted the landlord agreed to switch the lease to month to month:

"The landlord spoke to my husband over the phone and the landlord agreed to switch our lease to month-to-month, however, he said the lease would be month-to-month from March 1st until November 1st."

If so, this works in perfectly with the OP's desire to move within 6 months or so.

They can, of course, confirm all of this with the landlord (and should have done this already if they had any questions about all of this).

Gail

 

[I_Need_Advice]

Ok - LL just left. We let him know our plans to move out of state and we all agreed that, as per the lease, it'll just roll over into month-to-month, no time commitment, with a a 30-day notice of intent to vacate.

Thanks, again, to everyone for your input.

 

[davidmcbeth3]

just READ the proposed lease ... what's written controls

 

[FarmerJ]

You really dont even need a new lease, your current lease would suffice the only thing is that with out a new term set it becomes month to month so that means you must give whole rental period of notice to vacate. If your LL offers you a written lease make darn sure you read it from end to end. BTW were you also up in the heavy snow zone ? LOL just got home from my 11p shift last night in pine co, took that long to get plowed out so i could leave joy joy JOY Lmao.