My apt. lease is expiring. The landlord wants me to sign another year's lease but I want to go month to month. What are my options?

I would talk to your landlord, express your concerns and let them know why you want to go month to month and request that option. He/she may agree to your request, especially if you are a good tenant. Maybe you could ask for a six month or three month lease, if that fits with your concerns.

If you simply refuse to sign the lease, you should automatically default into a month to month situation. However, once you have refused to sign the lease the landlord then has the option to start eviction proceedings. So I would strongly recommend that you come to an agreement with your landlord.

If you cannot work something out with your landlord in a peaceable manner, I would see if there is a local pro bono legal service that can further elucidate your options. Local landlord/tenant laws vary, not just by state but also by municipalities. I was once in a similar situation, where due to a clerical backlog on the part of the landlord (large company) no new leases were given out for over 8 months.

I ended up in a month to month situation, got in a fight with the landlord over something else, and then they tried to evict me for not having signed a new lease. That didn't work for them because they had never given me one and I had requested a new lease three times.

It varies... You should ask if they offer a month to month contract... I don't know much about California law regarding landlords and what not, but its all up to the specific property / owner / management.... I don't believe that legally they can force you to sign a year lease. Like I said before, check into it. Talk to the management... See what options you have... I looked, and couldnt find anything specific regarding that.

Again, I believe it is up to the landlord.... Good luck.

It's not as complex an answer as others may be making it out to seem. I don't know of a single state that requires landlords or tenants to sign one term of lease over another, it's simply a matter of what you both agree to do. Your landlord doesn't have to sign a month to month lease agreement with you, just like you don't have to sign another year long lease agreement with him.

If the two of you can't agree on a lease term, then you don't have to continue as tenant and landlord. My advice: work something out with the landlord or move.

I once read a Consumerist article regarding landlord-tenant statutes. You should be able to find a lot of useful information. Here is the link for your state: dca.ca.gov/publications/landlordbook.

A simple question, but a complex answer. There several questions that need to be answered first: Why is monthly v. Annual leasing important to you?

Usually renting by the month puts you on a very short notice if the landlord wants to evict you or raise the rent. What state do you live in? What city?

Are there any issues involving Rent Control, Subsidized Housing, age (elderly) or ADA? Is this an apartment complex, multi-housing units, single family units? Every state and city has it's own particulars regarding renting or leases.

Again, the size or amount of units making up he property will be a factor in this question. The shortest route to getting your answer would be to contact your state or city's Housing Authority; they can be found in the white pages under 'City Name' where you insert your city's name Housing Authority or Fair Housing Commission (they deal with discrimination issues, but can direct you to the proper agency), and give them a call. Should you live in an area that has Rent Controls, you'll have to find the agency's phone number, and talk with them.

If your age or a disability is a factor, then contact the Senior Center closest to you, and talk with someone in the Senior Law section. If disability is an issue, contact your local VA (if a Veteran, or Social Services if you're not a Vet. In a worst case, can't find the proper agency scenario, check Landlord Tenant in your state's Revised Statutes; in a search engine enter 'state name revised statutes.' This is as close I can get to answering your question; there are too many unknowns involved.

In some states (like where I live) the protections are minimal, unless you're elderly, in subsidized housing or disabled. Other states put the renter or lessor on equal terms. If the landlord is the actual owner of your housing unit(s), he'll most likely have the final say.

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