Lease ended on 1/2/14 with no option to renew on a yearly lease. On 12/20/13 LL charged my tenant account for the full amount of January rent even though I am supposed to be out by the 2nd. Lease states that tenants who stay beyond the end of lease agree to a month to month tenancy. I am okay with this so I pay funds cleared my account on the 21st of Dec. 1/3/14 LL sends email asking why I didn't move and says he is now charging me the month to month rates. I have lived there for 3 years.
Can he still force me out before the end of January at this point through a holdover proceeding?
He charged me for the full month
Lease allows conversion to monthly if I stayed. Which he confirmed through his email.
I paid for the full month and no payment has yet to be returned rejected.
Answer
Once the lease ended but the landlord accepted rent for the following month, both by law, and according to you the lease terms, you became a month-to-month tenant. Since you have been there three years, that means that he must give you 60-days notice of any material change in the lease terms. If he wishes to force you out, he must also give you 60-days notice that he is terminating the tenancy, and cannot accept rent for any time past that 60 days.
Answer
I agree with Mr. McCormick.
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