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The laws differ from state-to-state. For fixed term lease agreements the required notice time frames are: Northern Territory and Queensland: 14 days before lease ends. New South Wales: at least 14 days if the date is at the end of the tenancy agreement, or 21 days if the end date is after the fixed term.
When a lease ends, a tenant may choose to move, continue to pay rent as a month-to-month tenant, or sign a new lease. In a few states, if a tenant continues to pay rent after a lease expires and the landlord accepts the rent, the lease is automatically renewed.
Landlords have no general duty to allow tenants to renew their lease, and may choose not to renew for any reason, or even no reason at all. Similarly, a landlord can choose not to renew a lease simply because he does not like a tenant, but he may not refuse to renew a tenant's lease because she is an African-American.
Even though fixed-term leases don't automatically renew, landlords can still require tenants to provide 60-days notice, prior to the lease end date, of their intent to move out. If the tenant wants to renew the lease, a new lease must be signed.
A holdover tenant is a tenant who stays in the rental unit after the lease expires. If the tenant continues to pay rent, the tenancy essentially becomes a month-to-month tenancy. A holdover tenant is legally allowed to stay in the rental unit as long as the landlord takes no action to remove them.
What Is a Lease Renewal? When your lease is up, you will have the chance to opt for a lease renewal, which means that at the end of your lease term, both you and your property manager agree to renew the lease.
Understand the potential penalties. The landlord tenant laws that allow you to break a lease are different from state to state. Check your lease. Talk to your landlord about breaking a lease. Offer to help find a new tenant. Consider subletting to avoid breaking a lease.
No Obligation to Renew A lease agreement is a written contract between you and the landlord that specifies a certain amount of time, generally 12 months, that you agree to live there and pay rent. As the end of that term approaches, decide whether you'd like to stay.
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