Landlord Question and Answer Forum

I signed a year lease, at the end of a year the landlord wanted to have a lease drawn up and go month to month. It has been 2 months and I have not been provide with a new lease. What happens to the security deposit and last months rent I paid? Is the initial agreement now null and void?

It depends on your state, but generally where there is no longer a lease in effect; the tenant becomes a tenant at will and is more or less on a verbal lease. In most cases this means that the tenant is on a month to month lease but in some it may mean your tenancy runs each period that you pay rent. For instance; if you pay weekly then your lease is a week to week lease. The security deposit must still be held and returned when you move and if you paid the last months rent in advance, that generally is applied to the last month you live at the property. Check your original lease, though for any terms regarding the last month's rent and what happens when that lease ends.

Posted by Donna , NC on Wednesday, August 19, 2009