If I haven’t signed a new lease for 4 years, does the original lease apply now?
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If I haven’t signed a new lease for 4 years, does the original lease apply now?
We gave first and last months rent, plus a damage deposit. Can they disregard our deposits? The lease stated that a $25 late fee would be applied after being 5 days late on rent. I recieved a letter that rent must be paid by the 10th or they will start eviction and that our lease and deposit are no longer good.
Asked on January 25, 2012 under Real Estate Law, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have been operating under the terms and conditions of the original lease that you entered into four (4) years ago, but that lease has expired, you are technically under a month-to-month lease under your state's law on the subject.
As to applicability of late fees, unless you signed an agreement making rent paid after ten (10) days as opposed to five (5) days of the due date subject to a late fee, the time period for the late fee to be assessed under the original lease of five (5) days would still apply not the ten (10) day period stated in the letter you recently received.
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