How do I know if I am currently on a lease?

UPDATED: Sep 29, 2022

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How do I know if I am currently on a lease?

My lease expired 2 months ago. My landlord sent this text, “Also wanted you to know this will be your official notice that May… will be your last month at the residence. We plan to be in Florida by the middle of May and will assist you in the final process”. I responded “no problem” I have specific needs in a property which makes them difficult to find. One became available so I gave my landlord 30 days notice. He is now claiming we have a verbal agreement. My old lease states that if we don’t sign a new lease, that I go to month to month. Am I under a lease?

Asked on August 28, 2015 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If there is no currently in-force e.g. signed, with the lease term or period still running written lease, then a tenant is generally on an oral sometimes called verbal lease, which is a month-to-month lease which is under all the same terms and provisions as the previous written lease, except for duration. If the old written lease provided that you would go to a month to month lease on expiration of the new lease, you are similarly month-to-month under the same terms and provisions of the old lease. In short, either way you look at it, based on what you write, you are now a month-to-month tenant, under the same terms and provisions had you had been, other than lease duration.

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 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.

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