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Can I leave my rental if my lease expired in 2008?

Can I leave my rental if my lease expired in 2008?

Q: What is it called when a tenant stays after a lease expires?

When a tenant stays after a lease expires, it is often referred to as 'holdover tenancy.' In this situation, the tenant may be considered to be on a month-to-month lease, depending on the state laws and the circumstances surrounding the tenancy.

Q: Can a landlord terminate a month-to-month lease without cause in NH?

In New Hampshire, a landlord can terminate a month-to-month lease without cause by providing at least 30 days' written notice to the tenant. This allows both parties to end the tenancy without needing to provide a specific reason.

Q: What makes a lease agreement void?

A lease agreement may be considered void if it lacks essential elements such as mutual consent, a lawful purpose, or if it violates state laws. Additionally, if the lease was signed under duress or by a party lacking capacity, it may also be deemed void.

Q: What is the tenant who remains in possession after the lease expires?

A tenant who remains in possession after the lease expires is often referred to as a 'holdover tenant.' This situation can lead to a month-to-month tenancy unless the landlord takes action to evict the tenant or establish a new lease.

Full question:

I live in NH. I have a housing problem. My lease expired in August 2008. It states that 'as of August 2008, this Agreement is terminated.' I have not signed another lease with my landlord, but have been paying monthly since. I had not seen or heard from him since. I have just called him to give him a 30 day notice that I will be leaving, and he said that I couldn't. He said that my lease was self renewing. However, my original lease says nothing about being self renewing, and it was never even verbally agreed to. Is my landlord correct that I have to stay even though it was never agreed upon or anything since August 2008 has been signed? Do I have a right to leave?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: New Hampshire

Answer:

In New Hampshire, if your lease has expired and you haven't signed a new one, you are likely on a month-to-month lease. Since your original lease states it was terminated in August 2008, you can give your landlord written notice to terminate the tenancy. Typically, this notice should be given at least thirty days before the next rent is due. If you provide proper notice, you can vacate the premises without penalty. Additionally, you should receive your security deposit back within thirty days, unless there are unpaid fees or damages beyond normal wear and tear.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does a new lease void an old lease?

Yes, a new lease typically voids an old lease. When both the landlord and tenant sign a new lease, it replaces any previous agreements. However, if the new lease is not signed, the terms of the old lease may still apply until it is explicitly terminated or a new agreement is made.