If I haven’t signed a new lease for 4 years, does the original lease apply now?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption