Tenant does not have Expiration Date on Lease

4 Replies

Hello! I just purchased an apartment building and I am evicting the tenants. I was given a lease by the tenant and here is the term language. "Term. This Agreement shall commence on 8/15/19 and shall continue as a lease for term. The termination date shall be on ____________ at 11:59 pm.

What does this mean?  Does it expire 8/14/20 or is it a Month to Month lease?     

Didn't you get the leases from the seller during due diligence?   I'm not clear why you are accepting one from the resident now.

How far along on the eviction process are you?   Whether the lease expires 8/14/20 or is month-to-month, it would be easier to send them a 30 notice of non-renewal than evict.  If they don't move out, you simple get a writ of possession, which is also easier than evicting.

The Seller only provided one out of the four leases.   She did not have the others.  The other tenants were on a MTM and this tenant supposedly had a lease that expires 8/14/20.   There is an email from her daughter that informed us that she did not have a written lease with this tenant.   Let's just say she didn't manage the building well.    On 6/19 I provided 30 day notice to all tenants to terminate.   I just received his lease from him and like said, if it does expire 8/14/20 then I have to honor that date.   So I can send a new 30 day notice to terminate now and if he doesn't move on 8/14 then I can do the Writ.   I just didn't know if because the lease doesn't have a termination date, whether that would be month to month or a year lease.  

Did your attorney recommend you ask for estoppel agreements from each of the tenants prior to close?  That would have avoided this whole thing!

I would check with your (new) attorney and see how that lease would play out in your local market.