In most cases, landlords may terminate leases without cause at the term’s end, which means a landlord is not obligated to allow a tenant to stay on the premises or to renew the lease unless the tenant can invoke anti-retaliation laws. Landlords typically give advance notice of lease non-renewal, but tenants are generally responsible for arranging extensions.
When a Lease Is Over
Landlord/tenant law cases are handled at local and state levels. It’s best to keep the lines of communication open between landlord and tenant, and to not wait until the end to renew the lease. If a landlord accepts rent or agrees to new terms, the lease is generally considered to be renewed on a month-to-month basis.
Some leases come with an extension option, and that option must be exercised soon enough to allow the landlord to ready the premises for a new tenant. Some jurisdictions require landlords to send tenants a written notice of termination if the tenant does not exercise their extension option within a certain period. In most instances, staying beyond the lease’s end is grounds for the filing of an unlawful detainer action, through which the landlord can ask that the tenant be evicted.
Retaliation
It may be hard for a real estate attorney to prove a landlord’s retaliation when a lease is terminated without reason, because the reason is the term’s end itself. However, if the plaintiff can prove that the extension was agreed upon and rescinded without notice, they may have a valid claim due to the abrupt nature of the relocation.
Removal of Possessions
Local and state laws dictate how and why a landlord may remove a tenant’s property. In most cases, the landlord can only remove belongings if the tenant has abandoned them, or if a writ of restitution has been served. Some laws allow for the tenant’s property to be sold, after certain criteria are met: the property’s value must usually exceed a certain amount, and personal mementos cannot be sold.
If a tenant sends a letter demanding the return of their property, the landlord must generally return it, but if the landlord defies the law and refuses to return the tenant’s belongings, the tenant may hire Starr, Bejgiert, Zink & Rowells, a real estate attorney in Chicago and file a suit. Some jurisdictions allow the tenant to recover damages for each day they did not have access to their property, up to a set amount. To know more connect with them on Facebook.
