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?

Question:  I had a lease with my tenant, which has now expired. The tenant 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, then the notice period must be for this length of time).