Landlord Question and Answer Forum

I sent my tenant a Notice to Renew Lease w/an Increase Rent Notice combined. The deadline I gave on this notice to approve/disapprove was Sept. 10, 2011 - today. I did not receive any notice back from tenant. I checked my dates on their Lease Agreement and I misstated their end of lease agreement date by one day, Sept. 11, 2011. Am I OK to assume since they did not respond to my notice, that they plan to vacate the premise by end of lease? Or am I required to wait until Monday, Sept. 12, 2011 to assume this? My Notice stated if I did not get a response from them, it was understood they would renew w/the increase in rent automatically, but I fear now I made a big mistake as the Lease states failure to give notice w/in 60 days prior to end of lease (Sept. 11, 2011), they must vacate. What can I do? I would really prefer they not renew. Please advise.

Never assume!!! Can you speak to them? If your lease ends and they are supposed to vacate at the end of the lease and they do not, you can then give them required notice to vacate. I would contact them and in a friendly way, ask them for their forwarding addrress and assess their demeanor. You could also send them a letter asking for their forwarding address and letting them know your expectations regarding move-out; the key exchange, inspection, security deposit issues and a cleaning checklist. If they are comliant - then you know they are leaving and if they are not, then at least you will know where you stand.

Posted by Donna , NC on Tuesday, September 27, 2011