Here’s What You Should Do When Your Landlord Doesn’t Renew Your Lease

My partner and I were supposed to renew our lease for our Chicago apartment in March, but our landlord did not renew our lease. We waited to hear from him about a lease renewal, but March came and went. Meanwhile, we’ve been paying the same rent and our landlord has been accepting it. In other words, right now, whether or not we want to be, we’re under an alternative to a lease renewal — a month-to-month rental agreement. While it’s not like we’re being evicted, we have fewer protections as renters than we did when we were under an annual lease, and may need to move out on much shorter notice.

If this has happened to you, you know it can have both positives and downsides. Here’s what you should know when your landlord doesn’t renew your lease.

Landlords might have myriad reasons for not sending up a lease renewal. In my case, I’m pretty sure our landlord just forgot, but assumed that because we were still paying, we still wanted to live there. But according to Peter Beckford at RE/MAX Premier in Atlanta, there may be different reasons for other tenants.

“The primary reason a landlord would not want to renew a lease is because a tenant is not paying their rent on time, not taking care of the property as agreed, or breaking some rule defined in the lease agreement,” Beckford says.

“Another reason landlords may not want to renew is because rental rates have increased dramatically and they don’t want to ‘leave any money on the table,’” Beckford adds. “They may feel their previous rental agreement with their current tenant doesn’t reflect the current market value and what they could get. For some landlords, the risk of a few days’ vacancy while getting a new tenant is worth the trouble for the increase in rent.”

Other reasons for non-renewal of lease:

• Your landlord wants to increase the rent more than they could under a renewed lease. Some leases have clauses that mean the landlord can only increase the rent up to a certain percentage point; a new lease with new tenants could allow them to bypass that entirely.
• Your landlord wants to sell the property. It may be easier to sell a property without any active tenants in the building.
• Your landlord wants to renovate the property. It may be easier for him to renovate the unit without tenants in the building.

You should absolutely bring up your lease renewal with your landlord. If you don’t, there could be some room for interpretation on the rules of your tenancy, which is never a good thing. And make sure that if you have a discussion about the lease terms, that it’s put down on paper.

“Calling, email, or text are all appropriate means of communicating with your landlord but once something is agreed upon, you will always want that in writing and a part of the lease agreement, even if added as an amendment or addendum,” Beckford says.

Be sure, as well, that you discuss the “how, when, and how much advance notice you should give to renew your lease, in addition to what happens if you don’t,” Beckford continues. That way there’s no confusion about your living arrangements moving forward.

When you don’t renew your lease officially, you switch to being a month-to-month renter. That means that your landlord can decide to evict you pretty much whenever they want. However, as long as you’re paying rent and they’re accepting it, you still get all the rights of a tenant in your city — and they have to give you at least 30 days’ notice that you’ll be moving out. A lease keeps your renting timeline stable, so your landlord can’t decide to evict you in, say, the middle of the school year while your kids are in classes.

After you approach your landlord to renew your lease, you may want to — or have to — negotiate the terms of your lease. If your landlord wants to increase your rent, you may try to negotiate the amount they increase said rent. You may also want to negotiate to have a longer lease (like a 24-month lease) or a shorter lease term (like a six-month lease). 

If your landlord does not want to renew your lease, but does want to put you on a month-to-month lease, you can ask to have a contract for that month-to-month arrangement where certain protections are put in writing, like having at least 30 days’ notice before you must vacate the property or in the case of a rent increase.

Month-to-month is great for a number of reasons. If you want flexibility with your lease, and are interested in being able to move with short notice, a month-to-month is the best way to do that without incurring a financial penalty for breaking your lease. 

If you’re trying to buy a home but you’re not sure when the deal will go through, a month-to-month lease is also a good option, as you’ll be able to close the deal and move out in 30 days with written notice. That being said, it’s important to have your landlord on board for this. Communication is key when you don’t have an annual lease.

A month-to-month lease is also a nice idea if your annual lease ends and you know you want to stay in your apartment for a bit longer, but not for a full year. Say you’re moving in with a partner and their lease doesn’t line up with yours — moving to a month-to-month will allow you to buy time as you search for your next home together. 

If you know your lease is not going to be renewed and you’re not offered a month-to-month extension or offer, it’s time to move out of your apartment. Make sure that you start looking for your next home as soon as you can and book movers, PODS, or a U-Haul if you plan on doing the move yourself. Communicate with your landlord when you plan on vacating the property and make sure that you set up new addresses for your regular mail and bills and shut down utility accounts connected to your address.

After you’ve moved all of your belongings out of the space and into the new space, make sure that you take photos and videos of your old apartment as proof of the home’s condition so you can get your security deposit back, if you had one.

Take note of any commitments your landlord made in writing to return your security deposit to you so that, in the event that your security deposit is delayed, you have proof that it was supposed to be returned to you by a specific date. 

The legal action you can take if your landlord does not give you proper notice that he’s not renewing your lease depends on the city you live in. In New York City, for example, if you live in a rent-stabilized building, your landlord needs to tell you 90 to 150 days before the expiration of your lease whether or not they intend to send you a renewal. Some leases, no matter where you live, also stipulate knowing 30 to 60 days in advance. 

If your landlord did not provide you with adequate notice that you two had already agreed upon, you may be able to take some action, like pushing back your move-out date to the point of 60-days’ notice. You should contact your local legal aid groups to see what your options are. 

Make sure you get everything in writing when in contact with your landlord.

If your landlord decides not to renew your lease and you’re concerned that they may be acting illegally, there are a number of resources that you may be able to contact in your city.

• If your city has 311 or 211, or a number for non-emergency services, contact the city to see if you can be connected to resources or information about your options.
• Contact a local legal aid society to see if you are eligible to fight for lease renewal. 
• Do your research before you speak to your landlord. 
• If your landlord has decided to not renew your lease and given you proper notice, then you need to reach out to resources to start planning your next move.
• Get photos and videos of your former unit before you move out in order to protect your security deposit. 
• Contact a moving company or rent a U-Haul and purchase boxes, tape, or whatever moving supplies you may need.
• Contact your utility companies to cancel all utilities in your name at your unit.
• Update your address for regular mail and set up mail forwarding to your new unit. 
• Search on rental sites like Zillow or Redfin for your next home.