New Renters Be Careful of The Month-to-Month Tenancy

 With the condition of the housing market and over all state of the economy, more and more people are renting homes and apartments.  A number of them are former homeowners, who may have never rented as an occupant before.  The month-to-month tenancy is a great concept for tenants who do not want to be locked into a long-term lease.  They want to be able to leave when it is convenient for them.  Before the collapse of our economy, landlords were content with such an arrangement and were happy to fill their vacancies, even if only for a short-term basis.  As long as a tenant paid the rent timely, a landlord was happy with the tenant staying as long as the tenant wanted.
Well times have change.  People fleeing their homes because of short sales and foreclosures are becoming the new renters.  And now it is the landlord and not the tenant who is demanding a month-to-month tenancy.  If you find yourself in such a situation as a new renter, you may have to leave a lot sooner than you think.  With more and more frequency I am receiving calls from clients who find themselves in this precise predicament after learning that the home they are renting is in foreclosure and that the landlord isn’t paying his or her own mortgage.  Because of the nature of a month-to-month tenancy, the landlord has the right (just as you do) to serve a 30-day notice.
If you as a renter are presented with an offer by a landlord to enter into a month-to-month tenancy, it is important for you to find out why the landlord is making such an offer.  I suggest that you ask the landlord whether the home you are renting is in foreclosure and whether the landlord is current with his or her mortgage obligations.  Better yet, the landlord should make this representation in writing.
The last thing that you want to be involved in after losing your own home is being evicted from your new rental because your landlord is not making his mortgage payments.  As I said at the outset, month-to-month renter, be careful.
For all of your business, personal and family law needs- contact the Law Offices of Richard A. Marcus at 661-257-8877.