Do Private Landlords Have to Renew Lease Agreements When They Are Expired?
Often, when a lease agreement ends, the tenant wants to stay in the rental property. Landlord and tenant laws may require a landlord to renew a lease agreement for a responsible tenant, but state laws typically allow the landlord to decide if he wants to renew the lease. The landlord also has the option to change the terms of the lease.
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Lease Renewal Laws
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Every state has adopted its own version of the landlord and tenant laws. These laws govern how a landlord can legally handle a tenant at the end of a lease agreement. Generally, a private landlord may decide to renew or end the lease. In either case, the landlord must notify the tenant in writing.
The landlord and tenant laws, such as those in New Jersey, require that a private landlord automatically renew the lease for a tenant in good standing. In these cases, the landlord may only end the lease if the tenant has had problems in the past, such as not paying the rent or repeatedly paying the rent late. For the landlord to end the lease, he must file for an eviction.
Changes to a Lease Agreement
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When a landlord renews a lease agreement, he has the right to change the terms of the lease, whether state laws required the renewal or not. For example, a landlord may choose to raise the rent for the new lease term or to adopt new house rules. Typically, these changes must be reasonable. The landlord must also notify the tenant in writing of any changes he plans to make and give the tenant the option to agree to the new terms or to move out at the end of the current lease term.
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Lease Renewal Procedure
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Every lease agreement should include a clause covering the renewal process. This clause tells the tenant how to notify the landlord if he plans to move out at the end of the term. For example, the landlord may require the tenant to notify him in writing within 30 days if he plans to move out. If the landlord decides to renew, he should notify the tenant in writing; both parties should sign a new lease agreement.
Other Considerations
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Lease agreements may include an automatic renewal clause. These clauses state that the lease will automatically renew for another term if the tenant doesn't notify the landlord of her intent to move out of the property. Typically, the second term lasts as long as the original lease, such as another year. If either the tenant or the landlord doesn't wish to renew the lease, that party must notify the other party in writing within the time listed in the automatic renewal clause.
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