When The Lease Has Expired But The Landlord Has Continued To Take Rental Payments, What Rights Does A Tenant Have?

The tenant needs to read the expired lease carefully, especially the language on renewal or extension. The language of the lease will control. Generally, where the lease requires a renewal (a new contract) at end of the term, and the term ends without such a renewal, the tenancy has terminated. However, if the landlord has accepted rental and permitted the tenant to remain, a tenancy­at­will has been created. The terms of the original lease would still apply except as to notice to vacate or change the lease terms which would remain 60 days for the landlord and 30 days for the tenant. If the language of the lease says that after expiration of the original term the parties have the right to extend under the same terms, acceptance of rent by the landlord extends the lease and all its terms including length of tenancy. In such a case no tenancy­at­will is created.

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