Landlord Question and Answer Forum

Hello to all members. I have a Tenant on lease till October 31,2014. It was a year lease that was signed. The lease states that upon lease end date, lease will renew on a month to month lease unless notice is given. I want to go with another yearly lease, but I was out of town, and I was not able to give tenant the 30 day notice required. I believe I should have given notice by October 1,2014 to change the lease term to another year. Do I need to wait till October 31,2014 to give notice to tenant that I want a Yearly lease or she will have to move out in 30 days/ I AM OPERATING IN OHIO. THANKS!

As long as you give a full 30 days you can do this at any point. Now that you have missed your 30 day mark for the end of this month just give it now any want and put it toward the next.

Posted by Justin R, IL on Monday, October 20, 2014

The 30 day notice is only if you are NOT going to renew. If you want to offer them a renewal then you can do so at anytime up until the lease end date. However, it is customary to provide them with renewal options prior to the 30 day notice date. That way if they do not like your renewal options, they can "shop around" and then provide notice that they plan to not renew. So, you are fine as far as giving the renewal options. If for some reason they do not want the option or you elect not to, then you would have to roll into the first month after the end of the lease, and provide a 30 day notice then (or the two of you can work out an agreement outside of that). I usually send out a renewal option 60 days before the end of the lease, that gives them 30 days to think on it and decide before the 30 day notice if they chose not too. Also, I provide them with a 6 month option or a 12 month option (6 months being higher rent than the 12). In the renewal option, I also state that if they do now renew or give notice to move out, then it will automatically roll into a month-to-month as stated in the lease at $X rate (either stated in the lease or at your discretion). That way there are no surprises.

Posted by Charles R. N, TX on Tuesday, October 21, 2014