LEASE EXPIRES - CONTINUE WITHOUT LEASE ON MONTH 2 MONTH ?

[martincymru]

Facts:

I moved in as sole tenant into a condo Feb 1 2012, 12 month lease.
Date now is May 20 2013.

Landlord is happy to just continue on month to month basis and we have agreed one month notice either way, no reason required.

Problem is the original agent is "demanding" that I do a new lease. the agent was engaged by the Landlord not me as the Tenant.

Do I have to comply with this demand from the original agent ? All maintenance is now dealt directly with Landlord so I presume Landlord is happy to avoid extra fees and so am I. (I have not addressed matter with Landlord yet).

[nakatago]

Facts:

I moved in as sole tenant into a condo Feb 1 2012, 12 month lease.
Date now is May 20 2013.

Landlord is happy to just continue on month to month basis and we have agreed one month notice either way, no reason required.

Problem is the original agent is "demanding" that I do a new lease. the agent was engaged by the Landlord not me as the Tenant.

Do I have to comply with this demand from the original agent ? All maintenance is now dealt directly with Landlord so I presume Landlord is happy to avoid extra fees and so am I. (I have not addressed matter with Landlord yet).

From how I understand your situation, the agent is the landlord's so why is he pestering you? He should take it up with the landlord, not you.

[Strong Eagle]

Tell the agent to f*ck off. First, it's the landlord's agent... the prick or prickette shouldn't even be in contact with you.

Second, the agent only gets paid if a lease is renewed. If the lease is silent on simply going month to month, and most leases are, the agent is SOL.

The landlord likes month to month because she/he avoids the agents fees for a renewal. I ran a month to month for many months with a simple email stating our agreement. We simply stated that the terms of the lease agreement continued to be in effect, except that either party could terminate in 60 days.

[zzm9980]

Problem is the original agent is "demanding" that I do a new lease. the agent was engaged by the Landlord not me as the Tenant.

Do I have to comply with this demand from the original agent ? All maintenance is now dealt directly with Landlord so I presume Landlord is happy to avoid extra fees and so am I. (I have not addressed matter with Landlord yet).

Basically what the other two guys told you. Agent can f* off. Only exception would be if the landlord has some type of contract with the agent forbidding him from entering into this kind of arrangement. But then that is entirely on the landlord.

[JR8]

I ran a month to month for many months with a simple email stating our agreement. We simply stated that the terms of the lease agreement continued to be in effect, except that either party could terminate in 60 days.

It is not uncommon, and usual for the terms of the original tenancy to roll over in totality. The new arrangement is known as a Periodic Statutory Tenancy (PST), and it also forms if say on a 12 month lease, and after 12 months - for what ever reason - the tenant does not move out. (They are then on an PST).

Example: If I have a super-good tenant, and they moot moving out in the nearish future (they say they're looking to buy, or similar). Rather than tying them down with a new 12 months agreement, I offer then a rolling PST. It is surprising how many then then stay on for years (I think 10 years on a PST is perhaps my record). It's almost like being offered a flexible exit-route makes them hesitate to exit...

[martincymru]

JR8 This is the reply from Landlord

" About the subject of "periodic tenancy", what I had done with P.... (my tenant before you), was I had signed with her a memo to continue the lease on the same terms and conditions for another 2 years. We did not use any agent or middle party. I feel more comfortable this way - that there is a doc which both parties sign as evidence of the arrangement, terms and conditions.

If this is fine with you, I will mail the simple one page few liners to you for signature (with my signature). You keep one copy and mail the other copy to me (will send you a self addressed envelope). "

I told her no need for the above but if she does not increase the rent then maybe this is a good option for me to agree to to lock in rent for 2 years ?

[JR8]

Hi MC,

Yes I have seen (and had) ‘Memoranda of Understanding’ in precisely these circumstances. But it is not needed, (it is because people (incl me!) inherently feel uncertain with the absence of documentation [vis. the whole field of, a contract forming, via precisely the lack of paperwork]).

Your contract automatically legally forms (continues). You do not need an an agent. But (caution) if your *original agreement with the agent* binds you to keep on paying them, then don’t be surprised if they justly chase you.

So I think, despite the landlord suggesting a route that’s not really necessary, it is a thing many want ‘for comfort’. To be honest, your landlord actually sounds pretty switched on (but, that's assuming he's not trying to dick the agent, and - never get complacent!).

- re: locking in rent for a longer term. Well that’s your judgement of how the dice will fall. Nice if you could get it. When I have a tenant suggesting this it always has a scent of cat and mouse – 'do you feel lucky Punk, well do you?', ‘they think they’re going to get one over...’ but getting some kind of lock-in/exclusive... is nice... it can work well for both sides.

p.s. Please post any follow-up MC. Happy to try and help - and I’ve a big network if needed for this kind of thing if needs be...

[Wd40]

My HDB landlord planned to sell his house at the end of the lease(end of the lease was 24th Mar 2013). We then agreed, via email, that I will continue to rent the house on a month 2 month basis until the house is sold.

Only downside is every weekend there are people coming to view our house and we need to keep it clean before they come. But the +ve side, its already 3 months since our lease expired and we are continuing on the same rent(2k for 3 room HDB in Tampines!) and current market rentals are already atleast $200 higher per month for similar house

The HDB buy/sell market seems to have become very soft and COVs have come down a lot. Its a win-win for both us and the landlord. The landlord is sticking to the sky high COV knowing that he is still milking us for the rent and we are staying here at discounted rental, without any contractual obligations

[JR8]

[Yes: Overlooking the rest]


Yes, you are on a formed PST