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At-will tenancy is subject to the will of both the tenant and the landlord (hence the name). In other words, the tenant can choose to leave and stop paying rent at any time, and the landlord can choose to stop accepting rent and ask the tenant to leave at any time.
Can An Apartment Refuse To Renew A Lease? In most states, it is up to the property owner and manager to determine whether or not they want to extend their lease agreement with a tenant. If they do not want to continue to rent to that tenant for some reason, it is within their rights to do so.
The Tenant Consistently Fails To Pay Rent or Pays Late. A tenant that cannot fulfill their obligation to pay rent on time may face non-renewal. Property Damage or Violations of Policy. Selling or Renovating the Property. Discrimination or Retaliation Are Unlawful.
Renewal Leases However, a lease may contain an automatic renewal clause. In such case, the landlord must give the tenant advance notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (General Obligations Law § 5-905).
While some jurisdictions may have provisions that allow consumers to change their minds with no consequences, generally there is no cooling-off period for leasing real property. Once the landlord and tenant sign a lease and a copy is delivered to the both parties, it becomes a valid contract.
A termination notice has to give the tenant 14 clear days before the tenant has to leave the residential premises. The day the notice is served on the tenant and the day the tenant moves out do not count as part of the 14 days.
If you have lived there less than one year, the landlord must provide at least 30 days' notice. If you have lived there more than one year, but less than two years, the landlord must provide at least 60 days' notice. If you have lived there more than two years, the landlord must provide at least 90 days' notice.
Explain the Situation Tell your tenant in straightforward terms what the problem is, and explain that they cannot stay on the property any longer. Describe the Consequences Calmly explain that they will be evicted with necessary court orders if they remain on the property.
Depending on your state's laws, you may be entitled to remain in your apartment or rental home on a month-to-month basis after your lease expires, even if your landlord wants you out. If the landlord doesn't accept your decision, he'll have to go to court to evict you.