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What rights do I have as a tenant under a verbal agreement to continue an expired lease?
Anonymous9 views3 answers
My yearlong lease on a Boston-area apartment expired last month. A few months prior to expiration of the lease, my landlord offered to verbally extend the lease at the same monthly rent for as long as I wish to remain in the apartment, with the understanding that I would provide two month's notice if I wished to vacate. I currently occupy the apartment, having continued to pay rent promptly and without any other issues. I have reason to believe that the landlord, unbeknown to me, may be attempting to rent the apartment. What are my rights as a tenant under such a verbal agreement?
Assuming that you pay your rent one per month, you have what is called a month-to-month tenancy at will. Both you and the landlord may terminate the tenancy by providing one month (but not less than 30 days) notice. Verbal agreements with respect to real property are not enforceable under the Statute of Frauds.
Hopefully everything works out, but if it does not, please feel free to contact my office.
Assuming that you pay your rent one per month, you have what is called a month-to-month tenancy at will. Both you and the landlord may terminate the tenancy by providing one month (but not less than 30 days) notice. Verbal agreements with respect to real property are not enforceable under the Statute of Frauds.
Hopefully everything works out, but if it does not, please feel free to contact my office.
Your 1 year lease converted into a month-to-month tenancy upon the expiration of the first year. The terms of the month-to-month tenancy will be the same as under the old lease, with the main difference being the term of the lease (i.e. 1 year term versus 1 month term). Being a month-to-month tenant allows you to terminate the lease upon a minimum of 1 term (in your case, 1 month) notice; conversely, your landlord can also terminate your lease upon a minimum of 1 months notice. If you refuse to physically vacate the unit, the landlord will have to take you to court to have you evicted. He can't just throw you out on the street. The court process will take some time to complete,which may buy you enough time to find a new place.
