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How do I terminate a month to month lease that followed the expiration of a written lease?

How do I terminate a month to month lease that followed the expiration of a written lease?

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:

According to New Hampshire statutues, a lessee may terminate his or her lease by notice in writing, in the same manner as the lessor, and the notice shall have the same effect for all purposes as a notice by the lessor to the lessee.

If there is no lease (either by expiration of the original lease or because there was no written lease), the parties are operating under an oral lease or month-to-month lease. In most cases, you would give one rental period's notice of your intent to vacate the premises. That typically is 30 days. This means that you must give the landlord notice a full 30 days before the next date rent is due. The most effective time to give notice of termination in a month-to-month lease is the day before your rent is due. In most cases, if you properly terminate a month-to-month tenancy, you are entitled to the return of your security deposit within 30 days, absent any unpaid fees or charges for damage beyond reasonable 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.