Lease expired and not renewed but tenants still renting.

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Paulsgirl

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If a lease has expired and hasn't been renewed by the landlord but the tenants are still renting the apartment and no problems on either side with rent being paid etc. What happens if the tenants move out with no lease in place? Are they still required to follow the old lease rules eventhough the date does not cover the period they are renting?
 

No, once the lease has a start and end date on it, it starts and ends on those dates. They can leave tomorrow if they want.
 
With the lease expired they are now covered by the statutory obligations and entitlements as laid out in the RTA 2004. If they wish to leave they will need to furnish written notice. As they have been in the property for over a year but less than 2 years, they are required to give 42 days notice. The notice periods are laid out in the Act.
 


Apologies, you are incorrect regarding the notice period. I was thinking along the lines that the exiting don't have to get someone else in to fill the place as the lease has expired (as would the norm if you break the lease).
 
Ok thats great, thanks for the info. 42 days notice isn't so bad if they decide to leave, should be enough time to get someone else. Thank you.
 
Paulsgirl said:
Ok thats great, thanks for the info. 42 days notice isn't so bad if they decide to leave, should be enough time to get someone else. Thank you.
Click to expand...

Assuming they actually give you 42days notice

a months notice is pretty standard, and less in a lot of more informal cases like this. Without a lease the renter might feel he can give you a weeks notice
 
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