Lease Agreements generally follow a time-and-tested approach. Tenant likes the property; a Lease Agreement is signed; Tenant moves in; Tenant pays their rent each month. At the end of the fixed period, Tenant elects to either renew the lease, or continue on a month-to-month. Or terminate and move out. Most people are familiar with this approach. But what happens if renewal is not a choice given to the Tenant, but rather the subject of negotiation with the landlord?
I own a small property that I leased to a business just over two years ago. I sent a notice to the tenants informing them that I was terminating the lease and they would be required to move out. I actually thought I was being generous by giving them 60 days’ notice to leave. The tenants have come back to say that they’re not moving out because they’re exercising their right to renew. The agreement says that the lease will last for two years. It doesn’t say anything about any renewal. Is it true that the tenant has a right to renew?
The landlord, being the owner of the property, is legally obligated to follow the home owner association rules and codes of conduct. When the tenant enters a lease agreement with the owner the tenant becomes contractually bound to the landlord. But there is no written legal contract between the tenant and the Homeowners Association… so the tenant is not bound to or obliged to follow the home owner association rules and codes of conduct, right? Wrong.