Can a landlord put you back on a 1-year lease after the the initial lease expired about 7 months ago?

UPDATED: Apr 1, 2012

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Can a landlord put you back on a 1-year lease after the the initial lease expired about 7 months ago?

The agreement states that the agreement will convert to a month-to-month agreement upon expiration of the lease unless the landlord gives written consent to the tenant 30 days prior to end of the lease to renew it. Now, about 7 months after the lease expired, they’re telling me I need to renew the lease. Hasn’t the option for them to renew my lease already passed the deadline and I can stay on a month to month?

Asked on April 1, 2012 under Real Estate Law, Hawaii


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The landlord can offer you a new lease agreement at any time and if you do not want to sign it - and you do not have to - then he can exercise his option to ask you to leave (with proper notice of course).  But you are right: once the leae expired then you became a month to month tenant.  Good luck.

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