How to Overstay a Lease
When you overstay a lease it simply means that you remain in the space after the lease has officially ended. If you do this the wrong way you could end up with a nasty eviction on your record for the next seven years. That could prevent you from transitioning to your next apartment. Instead, get in touch with your landlord as soon as you know you may want to stay a few extra days or months.
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Instructions
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Examine your lease agreement thoroughly or ask a lawyer to do so. You should focus on the termination clauses, which may state exactly how the landlord will handle this type of situation. In some cases landlords enact terms that aim to discourage overstaying unless you plan to sign a new fixed term lease.
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Visit your landlord's office in person with your lease agreement in hand to discuss the terms of your move out as soon as you know your plans. Communication is very important if you want to overstay your lease without a hitch.
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Ask if you can commence a month-to-month or week-to-week lease arrangement. The landlord will likely only agree to this type of situation if he hasn't yet found a new renter. Also, you should have a strong rental history with the landlord to improve your chances of getting approved for an overstaying arrangement.
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Provide your estimated move-out date so that the landlord knows when he should start looking for a new tenant and can provide that person with a realistic move-in date.
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Sign an updated lease agreement or rider containing the new terms for your temporary stay if required. The landlord may require that you agree to a new rent amount and adjusted payment terms depending on the situation. In some cases landlords charge overstaying fees.
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Tips & Warnings
In many cases if you do not provide proper notice of your intent to move at the end of the lease and do not sign a lease renewal, the landlord automatically converts the agreement to a month-to-month arrangement. But keep in mind that he may also choose to terminate your stay at the end of the lease in this case.
