Tenants Rights Rental Lease Renewal
The rights of tenants relative to lease renewal depend on state law and/or the language of the existing lease. Regardless of or in addition to these two determining factors, tenants and landlords can always negotiate lease renewals at any point.
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State Law
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New Jersey, New Hampshire and the District of Columbia all have laws that prohibit eviction except for just cause (such as failure to pay rent). Connecticut prohibits evictions of disabled or elderly in larger apartment buildings without cause. More than half of all New York State rental units are limited to just cause evictions. When evictions are limited to just cause, while the landlord is not required to offer a new or renewal lease agreement to the tenants, he cannot evict them if they have not violated lease provisions. This results in what is called a month-to-month tenancy that continues for as long as the tenants wish, providing they continue to comply with all other terms of the original lease.
Rent Control
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Rent control is in effect in dozens of cities around the country. Rent control almost always restricts evictions to just cause. The effect of prohibiting evictions without just cause is virtually the same as an automatic lease renewal because landlords cannot evict tenants unless they violate the lease. In rent-controlled cities, when a lease expires the tenancy automatically becomes month-to-month, under the same provisions of the original lease.
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Lease Provisions
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A lease can include provisions regarding renewal, or it can remain silent on this issue. One standard clause states the tenancy continues on a month-to-month basis unless the landlord notifies the tenant or the tenant notifies the landlord before a certain point. Another indicates the lease is automatically renewed for the same term as the original lease unless one of the parties notifies the other by a certain deadline. If there is no language and neither the tenant nor landlord notifies the other to terminate the tenancy, the tenancy continues on a month-to-month basis once the landlord accepts rent beyond the period covered by the original lease. In cases in which the lease provisions contradicts state law, state law prevails.
Negotiate
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Both tenant and landlord are free to negotiate a lease renewal so long as the terms do not contradict state law. In states and cities where evictions do not have to be based on just cause, the landlord may have the upper hand in deciding whether a tenant can stay. On the other hand, even in those locations, if the area vacancy rate is high, the tenant may have the upper hand because the landlord understands the unit may remain vacant once the tenant leaves. Understanding the regulations you begin a tenancy and the market for rental units around the time your lease will expire will help you understand your options and plan for the future.
Other Considerations
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If your lease is nearing termination and you are not in a state or city that prohibits evictions without just cause, you may want to start looking for apartments. You will find out what market rate rents are and how easy or difficult it is to find a new place. With that information, you will be better prepared to approach your landlord and know what kind of offer to make. If things don't work out, you will have already done a lot of the legwork to find a new place.
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References
- Georgia Landlord-Tenant Hotline: Lease Termination and Renewal
- National low income housing coalition: foreclosure and eviction practices by state
- US Legal Definitions: Lease Renewal Law and Legal Definition
- Law Depot: Residential Lease Agreement FAQ
- "Managing Rental Housing"; California Apartment Association; 2007
Resources
- Photo Credit apartment for rent image by dead_account from Fotolia.com
