FAQ: I Had a Lease With My Tenant, Which Has Now Expired. The Tenant Continues to Pay Monthly Rent. Is the Lease Still in Effect?
continues to pay monthly rent. Is the lease still in effect?
Answer: Yes, to an extent. If a tenant continues to pay rent after the expiration of the lease (and the landlord accepts it) the tenant becomes a tenant-at-will (aka “month-to-month” tenant). The prior terms of the lease remain in effect. The major change is that the landlord may end the landlord/tenant relationship with the tenant by giving proper notice. The landlord must give the tenant a minimum of thirty days’ notice prior to bringing an eviction (if the tenant pays rent on a longer interval than a month, such as every two months, than the notice period must be for this length of time).