Q: Can landlord refuse to extend month to month despite prior notice, timely update and our reliance on their acceptance?
We purchased a new construction home. Original closing was projected to line up with end of lease. Due to construction delays, our closing date has been delayed. We notified leasing company timely, including our intention to go month to month, projected move date and notice of potential additional delays. They responded accepting extension and requesting we provide update if more time needed. I sent notice of needing more time due to another construction delay after receiving info from developer. Now leasing company says they will not extend and we must vacate due to “ prelease” of property to another party or we must renew then break lease. We have never missed a rent payment and have been responsible tenants, occupying for 4 years. Leasing company has very poor reputation for gouging tenants with high fees. Is there any way to resolve the situation without financial ruin?
A: On a month to month, they can give you 15 days notice. They don't a reason to not extend you. It doesn't matter about how long you've there, what a great tenant you are, etc. etc. They want you out, probably because month to month leases are a pain to administer. Time to go. Get your stuff into storage and find a motel until your new house is ready to occupy.
Bruce Alexander Minnick agrees with this answer
A: IMO, your landlord has been more than cooperative in allowing you to go to a month-to-month tenancy; and unless I miss my guess, they might have kept allowing it--had someone else showed up that wants it. Nevertheless, since you do not have a valid written lease you can be forced to leave with only 15 days notice. Time to get off the Internet and finish packing your stuff.
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