questions & answers

Question: Our lease ended in November of 2016, we did not want to sign a new lease due to trying to find a new place to rent. So we have just been paying month to month and ignored the least the landlord sent us to renew. Is it legal for us to not sign a lease? Can the landlord force us to sign a lease?

Answer: Rental agreements do not need to be in writing in order to be legally enforceable. In most situations, it is perfectly lawful to not sign a lease. However, in the case of a month-to-month rental agreement – of the kind you now have, assuming your landlord has consented to your continued presence in the dwelling – if a landlord insists that a tenant sign a formal written document, and the tenant refuses, then the landlord can always choose to terminate the month-to-month arrangement and give the tenant 30 days notice.