Having a co-signer guarantee rent
Q: I am in the process of moving to Tallahassee, Florida. The landlord and I talked and did a lease agreement. He took all my deposits, and first and last months rent. Then, on the way out the door, he handed me a piece of paper and told me that he needed it to be notarized and signed by someone who would "guarantee" the rent if I decided not to pay. Is this legal to do after we already signed a lease and he took all my deposits? Is this a legal rental practice in Tallahassee, Florida?

Linda

A: Absolutely not! He's just asking for something extra. You've already signed a written contract with him (the lease) and you've already performed your part (paying the deposits and first and last months rent). Now, he has to do what he agreed to do in the written contract. The only exception might be if the lease requires you to provide a guarantee from someone else. Most likely it doesn't.

I would firmly but politely tell him that you do not intend to have the guarantee signed. Tell him that because he signed a binding written lease, you expect him to provide the rental unit on the beginning date of the lease. Of course, you need to find out whether he will so that you can make alternate plans if he won't. Tell him that if he does not intend to provide you a rental unit, you would like your deposit and prepaid rent refunded entirely.

Be firm but polite and let him know that you know what your legal rights are under the lease. Make sure he knows you're not going to let him push you around. But, you don't want to start off you relationship with the landlord on the wrong foot. If he refuses to rent you a unit, and he can't show you where the lease requires you to give him a guarantee, and he refuses to refund all of your money, you'll have no choice but to sue him in small claims court. I doubt that any judge will be sympathetic to his argument. Go get 'em!

Giving notice on a month-to-month lease
Q: We have a residential lease that states as follows: "Term: For a term of 12 months beginning on May 1, 1999 and continuing to April 30, 2000. (Note: A lease for a fixed term expires without further notice. If tenancy is to be continued beyond this lease term, parties should agree and make arrangements for this in advance of the lease expiration.)"

On the second page under the heading, "Continuation of Lease: If the Tenant continues to occupy the Premises after the expiration of this Lease and makes a timely payment of rent, the Tenant shall be a month-to-month Tenant unless another agreement is signed."

I have been promoted and will need to move out of state. I provided the landlord a notice on August 2, 2000 and I will be moving no later than September 1, 2000. I have already paid rent for the month of August.

I did have a conversation with the landlord in late May regarding the continuation of the lease. He asked if I planned to stay and I told him "I believe so." He never presented me with a new 12 month Lease to sign. My interpretation is that effective May 1, 2000, the lease converted into a month-to-month lease for which I am required to provide a 30 day notice to cancel. Am I correct?

Judy

A: Have you ever considered law school? You are interpreting the lease correctly. In fact, most leases are written this way. And, real estate law in most states makes this the standard if the parties do not specify otherwise. So long as you didn't sign a new written lease at the termination of your old one, you can move out with no penalty at any time. You simply need to give the landlord 30 days notice.

Of course, the other side of the coin is that the landlord can ask you to vacate the rental in 30 days too without having any reason. Some landlords will let you continue on a month-to-month basis indefinitely. (My current landlord has let me continue on a month-to-month basis for more than three years now after my original one year lease ran out.)

Some landlords will attempt to persuade you to sign a new lease. Depending on the rental market where you live, they may threaten to raise your rent, or raise it more if you don't sign a lease. Or, if it's a soft rental market, they may offer you a free month of rent or a discounted month of rent for signing a new lease. It depends on the supply and demand of similar rental units in your area.

Generally, unless you're fearful of a rent increase, I recommend sticking around on a month-to-month basis if the landlord doesn't pressure you to sign a new lease. It'll leave you more flexibility. If you want to protect against an anticipated rent increase, you might want to be approach the landlord and offer to sign a lease if you think you'll be staying for awhile.

In your situation, you simply had to provide the landlord 30 days notice of your intent to move. Your oral statement to him that you "believed" you would stay did not constitute a new lease. Your landlord was probably just inquiring on an informal basis. Since you've paid August rent, you can move out on September 1 without owing any further rent.

Disclaimer
Information provided by Phil or Greg should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation.

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