I know a newlywed couple that has been renting a house in Missouri for the past year. They now want to move into an apartment so they can save money. The husband told us that they are waiting for the landlord to find a new tenant. We asked when their lease is up and he said that "technically" it was up at the beginning of April, but it was written to automatically renew. We told him that does not sound legal. To my knowledge once the lease is up you either go over terms to renew the lease or go month-to-month which is usually at a higher rate, but you at least are not locked in and you only need to give about 30 days notice. I think this landlord person is taking advantage of them.
It seems that if their lease **automatically** renews then they could be stuck there for life!
Does anyone know anything about this sort of thing? What steps can they or should they take?
I looked into it for Missouri and found that it is legal and common to have a lease that auto-renews.I haven't read their lease just going by what he told us and was hoping for some insight from anyone that has experience with leases... The issue is that he said they advised their landlord at the beginning of the year of their intent to move, but they were still under the lease and did not want to break it. Then, from what he said, when April came the landlord told them that since the lease automatically renewed they would have to wait for him to find another tenant and you can probably guess how fast he's working on that. I think they only gave him a verbal notice though. They have a specific place they want to move and are worried that they will lose out on it.
@Momof4, since you must ask a question I feel was already answered and doesn't add to the discussion... My friends are concerned and I am also concerned for them. Some people are like that, they get concerned on behalf of or along with people they care about. Please see the above sentence where I explained that they are worried about losing out on the place they want to move into. I would have thanked you for posting an "answer" with the sole intent of being snarky, but that would be sarcasm and you probably would have missed that.
@SfromTexas, that's what I initially felt, but from answers here and research it seems that they should have given their landlord written notice of at least 30 days of their intent to move, but they only informed him verbally. They are pretty much a couple of kids just starting out and this landlord is someone they view as a friend so they were rather naive in their assumption that telling him earlier in the year was all they needed to do. Of course he did not advise them to give him written notice which I know is not his responsibility. It just sucks for them. Now, I think they should just break the lease and lose the deposit rather than stay another year since their apartment would be cheaper by $500 per month than the house they are renting.
Thank you to Kristina M for letting me know that breaking the lease can affect my friends' credit report.
I am a landlord and yes this is legal. I have it written into some of my leases that they will automatically renew for another year. I do let my tenants break their leases if the need comes up I only ask that they give 30 days’ notice. Some leases are this way, some become a month to month and some will end completely. A good landlord will send a letter at the end of the lease and let the tenant know.
What does it say in their original lease? If it says unless notified in writing or something, then yeah, it could.
a lease can say anything that the landlord & tenant agree on.....i'm sure your friend knows all the exact details of how & when to cancel the lease...........do your friends have a problem with the lease or just you?
ETA: Not sure why you are so paranoid about my response, there wasn't anything *snarky*, and then calling me ignorant on top of it just tops off the 'cupcake sweet'. Perhaps it's because you are typically *snarky* in your responses that makes you paranoid.
Read the lease. That's the only way to know what it says.
ETA - I agree with Momof4. Your friends asked you for legal advice, so you came to MP to ask us? It initially struck me that you're just being nosy - like some of the questions on here "my girlfriend's husband did xyz, what can I tell her to do?"
Yes, this is legal. You can add a clause that states the lease will renew. However, there is usually a clause that will state, lease will renew, unless landlord or tenant give notice to the other party they do not which to renew.
I know that in California, no matter what the lease says, "evergreen" (that is, self-renewing) contracts do not hold up in court. I don't know about Missouri, but I would imagine there is a pro-bono tenants' rights group there similar to those in other areas, and an actual lawyer there could advise them. No matter what happens, they need to be communicating with their landlord in written form (e-mail, letters, etc, NOT verbally).
Maybe it is a Missouri thing but when we leased it automatically renewed every year. If we planned on moving all we had to do is send a letting saying we would be moving and move. Don't see how that traps anyone.
If they didn't give notice of moving then they are stuck for another year in their lease. Clearly they knew the rules, I don't see what the issue is.
You have to give thirty days before the end of the lease, if you do not it is the same as renewing the lease. They should have put on their big boy/girl panties and said we want to stay month to month. If they had done that they would have had a higher monthly rental cost but would have had the ability to leave the lease with a month's notice. They wanted their cake and eat it too. Not happening and not fair on the landlord. There is a reason monthly leases run more than year.
i didn't think mom of 4's answer was anything awful. it IS answering your question to say that leases can say whatever they're written to say. including being self-renewing. it's not all about greedy landlords, it also protects the tenant from having monthly rent increases. of course they're not 'stuck for life' or being taken advantage of. they signed the papers, they know the renewal date, all they have to do is give notice. that's what adults do.
even with an automatically renewed lease, they can probably get out with some reasonable conversation with the landlord. he's not being a d*ck, if he has a lease he has a right to expect his property is rented. landlords are entitled to some protection too, they're paying a mortgage. it's unlikely he wants an unhappy reluctant tenant. if they've told him they want out, he's probably actually looking for a replacement. and if he's not and they really want out, they can probably go to court and break the lease.
would it be a hassle? yes. but they do have options. they're really not indentured prisoners just because their landlord ... er... expects them to abide by the lease they signed.
khairete
S.
Have the couple look into this...they need to grow and do their own research. Nice of you to ask, but these matters of law and rental leases are easy to look into. If they are not on line or do not have a computer, send them to the library or city hall.
That sounds ridiculous!!!! That shouldn't be legal. What incentive does the landlord have to find a new tenant when he has them locked into a lease? I would be calling a lawyer.
I wonder just how hard the owner is looking for new renters if he knows your friends will stay forever...your friend should give him a move out date.
It all depends on what the lease says - it is not the norm but it is legal and it is possible. I had a place like that, it was 13 month lease and then 3 months auto renewal no raise in rent. We were all happy so it went on like this until they wanted to move back into the unit and they gave us 30 days.
Um...they should talk with their landlord.
Perfectly normal. The leases in my old apartment building worked like that. We would get a letter every year, about a month before the lease was up, and be told that if we don't tell them by X day that we aren't renewing our lease, our lease would automatically renew.
Well, they knew that the lease was written to automatically renew and yes, it's 100% legal. It's normal, in fact. I would be surprised to hear about a lease contract that didn't work this way. If they wanted to go to month-to-month then it was up to your newlyweds to inform the landlord of the desired change prior to April so that the landlord would know he had to look for new tenants.
If they haven't told the landlord yet then they need to do so in writing. There are tons of samples online for cancelling rental contracts.
"I am giving my thirty days’ notice that I will be moving from my apartment at 1234 Main Street before July 1. I will leave the unit in excellent condition and with the rent paid through June 30. You can mail my deposit to my new address: 567 Middle St.. If you need to reach me after I move, my cell phone is ###-###-####.
Sincerely,
sign it here
Farty McSmartyPants"
Almost 20 years ago I had a lease that automatically renewed. When it was renewal time, I simply informed the landlord in writing that I did not want to renew.
Did they inform the landlord in advance that they did not want to renew? They really need to check the language in the agreement and if necessary check with an attorney.
I think it differs from state to state. Here in TX though I'm pretty sure a lease can't "automatically renew" without a newly signed document at the expiration of the lease. Most go into a month-to-month. Sounds like they need to get the lease out and re-read it very carefully for any loopholes but I don't think they are locked in since it's expired. If they have any questions they need to contact their local landlord/tenant attorney, most give a free consultation. Can also probably find info on their state government's website.
They need take their copy of their lease and have it looked over by a professional.
I have had several places that did this. It is convenient since the rent can't just go up without notice since we have a contract that is in place. They have to follow the lease guidelines to raise the rent or change anything.
They need to read their lease to see how the need to go about giving notice to move. They may only need to give 30 days written notice.
Read your original Lease Agreement/Contract. Usually, you are required to sign a new lease at the end of the lease date. You can always go month to month. Landlords cannot kick you out of your home. If you pay them, even month to month, you can't be evicted.....also, if you inform the landlord that you want a month to month, you either agree to pay additional fee (monthly rent increase) or you can just go on paying your normal rent. Bottom line, in any state (i'm sure) is if you sign a lease with start date and end date, you are responsilble for that, if your lease date is past and you haven't signed a new lease with a new "end date" then you can pay monthly and leave with notice to the landlord. If the landlord takes payment post lease end date, without a newly signed lease, then the landlord is accepting of you. If the landlord denies your payment because they require a new lease....that would require you to sign a month to month lease or a new lease agreement. make sense?
Either way, they cannot kick you out if you intend to pay them and have informed them that you intend to move.
