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Old 09-20-2006, 01:42 AM
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Angry Do leases automatically renew yearly? Revised.

I signed a years lease in 2003. Was asked to sign a new years lease in 2004 but declined and agreed (verbally) to go month to month. I moved out in 2005. Can a breach of lease agreement law suit be brought forth against me for something that happened in 2005(during the move)? Was there a lease? Do leases automatically renew should a tenant not sign a new lease?

Last edited by TROUBLE : 09-20-2006 at 11:51 AM.
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Old 09-20-2006, 09:29 AM
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Quote:
Originally Posted by TROUBLE
I signed a years lease in 2003. Was asked to sign a new years lease in 2004 but declined and agreed (verbally) to go month to month. I moved out in 2005. Can a breach of lease agreement law suit be brought forth against me for something that happened in 2005(during the move)? Was there a lease? Do leases automatically renew should a tenant not sign a new lease?

Always remember to tell us your State name.

Generally, a lease, and its terms and conditions, remain in effect as long as you're a tenant. The only thing that changes when you don't sign is the "term" of your tenancy; e.g., one year. When a lease goes unsigned, it automatically turns into a "month-to-month" tenancy, with the other terms and conditions in the lease agreement remaining in effect. For example, if the lease requires you to give a 30 day Notice, then you are bound by the contract (lease) to give such Notice, even though your lease is now a "month-to-month" tenancy.

It would have saved some time if you had been specific about what was happening to you. So, yes, you can be sued for something that happened in 2005(during the move).
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Old 09-20-2006, 11:47 AM
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Unhappy Do leases automatically renew yearly? Revised...

OK, I will be more specific. I signed the lease for one years term in 2003. In 2004 I gave written notice to not renew my lease and move (due to business not being what I had expected). During the move my landlord asked me to stay and try for a little while longer. I agreed and started moving my antiques back into the property. I was asked a few days later by my landlord to sign a new years lease. I declined signing a lease not knowing if my business was going to make it or not. We agreed that I would go month to month on a trial basis. In 2005 it was apparent that my business was failing and I again gave notice to move. I was told to take my time moving out because my landlord had no prospects of a new tenant and she knew that I had a lot going on in my personal life. Moving out a little at a time took 3 months. During my move my landlord started painting and repairing the property. My antiques were moved to a back room so that they could prepare the property for rental. 3 months later they have a tenant who wants to move in immediately. I start getting calls, letters and threats of eviction. I move my remaining antiques immediately. I am now being sued for breach of contract because they want me to pay for the 3 months that it took (with their permission) to move. Do I have a chance? Was there a lease being that I had given notice and not signed a new lease? They had possession of the property while I was moving. I was not conducting business and they were only storing my antiques in a back room. What are my options and chances with this law suit? State is Alabama.

Last edited by TROUBLE : 09-20-2006 at 11:49 AM. Reason: Forgot to name State.
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Old 09-20-2006, 12:28 PM
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Quote:
Originally Posted by TROUBLE
OK, I will be more specific. I signed the lease for one years term in 2003. In 2004 I gave written notice to not renew my lease and move (due to business not being what I had expected). During the move my landlord asked me to stay and try for a little while longer. I agreed and started moving my antiques back into the property. I was asked a few days later by my landlord to sign a new years lease. I declined signing a lease not knowing if my business was going to make it or not. We agreed that I would go month to month on a trial basis. In 2005 it was apparent that my business was failing and I again gave notice to move. I was told to take my time moving out because my landlord had no prospects of a new tenant and she knew that I had a lot going on in my personal life. Moving out a little at a time took 3 months. During my move my landlord started painting and repairing the property. My antiques were moved to a back room so that they could prepare the property for rental. 3 months later they have a tenant who wants to move in immediately. I start getting calls, letters and threats of eviction. I move my remaining antiques immediately. I am now being sued for breach of contract because they want me to pay for the 3 months that it took (with their permission) to move. Do I have a chance? Was there a lease being that I had given notice and not signed a new lease? They had possession of the property while I was moving. I was not conducting business and they were only storing my antiques in a back room. What are my options and chances with this law suit? State is Alabama.

This is exactly why you needed to be more specific in your initial post. There is a big difference in the law when it comes to "residential" lease law and "commercial" lease law. I thought you were talking about the former and not the latter, and I'm not familiar with commercial rental lease law. So, I would suggest that you consult with a local attorney.

Thanks for writing.
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