My lease is running out on my apartment at the end of this month. Since my landlord passed away, her son has taken care of things. He lives in a different state and comes down to visit periodically. I called him the other day, and he said he would write up a new lease. He is down here now and he hasn’t stopped by with the new lease, I am thinking he may want to just let me rent without a lease.
What are the pros and cons of renting without a lease?
IANAL, but I’ll post what I know:
Con:
-Leases are (generally) unilateral contracts (ie. the leasor doesn’t get a say in the wording, you just take it or leave it) so they’re usually construed in favor of the leasor in civil cases. IOW, if you need to sue your landlord, you may actually be at a disadvantage without a lease. Obviously, there won’t be clear evidence of what your rent is buying you beyond a roof and walls, either.
-Your landlord can terminate your residence or increase your rent at any time (although your state rental statute will probably have a “reasonable notice” clause in them somewhere)
-You won’t be guaranteed timely repairs if something goes wrong, unless a code violation is involved
Pro:
-You can move out whenever you want, although if you move mid-month your landlord may choose not to prorate your rent
-If you get evicted, you won’t have to worry about continuing to pay rent until a new resident moves in
That’s all I got.
Who wrote the old lease? Does it cover this situation?
Back when I was renting, virtually every landlord used a standard apartment association lease. This lease included a clause that the lease would continue on a month-to month basis until either party gave notice. I think I averaged two years at each apartment, signing one six month lease each time.