What is a protected lease?

A “Protected Lease” is a lease that has the benefit of security of tenure under the Landlord and Tenant Act 1954 (“the 1954 Act”). If the tenant does leave by lease expiry, it will not have the right to go back into the premises after lease expiry.

What is a non renewable lease?

A notice of non-renewal — also known as a notice to vacate —is usually required at the end of each lease term, and although it is possible for a lease to be automatically renewed, and guaranteed so by the landlord in the lease, this isn’t always the case.

What happens to a lease when it ends?

When a lease ends, sometimes the tenant will continue to live there, even though there isn’t anything new that was signed. If the tenant keeps living there, paying rent, and the landlord keeps accepting that rent, then the original terms of the lease will hold, except the part where it ended.

When does a tenant move out of a month to month lease?

Landlord receives that notice by July 2, and tenant moves out before the month is over. At least 28 days’ notice was given, and the contract is complete. 3. As we’ve discussed in the past , language in the original lease about ending month-to-month tenancies suddenly becomes enforceable.

When do you send a letter to terminate a lease?

Tenant writes the landlord a letter, and sends it on the 30th of June, ending the lease the 31st of July. Landlord receives that notice by July 2, and tenant moves out before the month is over. At least 28 days’ notice was given, and the contract is complete.

What should I do if my lease is not renewed?

The tenant can honor it and move forward, or give notice ending the lease (as in #2). A tenant can renegotiate the lease in a similar way – by asking for changes, and giving a non-renewal if those changes aren’t accepted by the landlord (or the landlord might choose to non-renew at that point).

When does a lease end in the military?

The Servicemembers’ Civil Relief Act allows tenants to end a lease if the tenant enters into a military service, or if the tenant receives military orders to either change station or to deploy for 90 days or more.

What happens when a tenant backs out of a lease?

It is a refundable fee that either gets returned to the tenant after the lease is signed, or is applied as a security deposit or rent payment. The key here is to provide the tenant with a written receipt and a disclosure that describes the terms of the hold deposit.

Is there a cooling off period after signing a lease?

In some states, a cooling off period is required for certain contracts, which give signers a window of time, typically one to three days, during which they can void the contract if they change their mind. Unless such a condition is explicitly stated in the lease or there is a rare jurisdictional law…