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When a fixed-term lease ends, and you stay in the property without signing a new agreement, your lease automatically becomes a periodic tenancy (often known as a month-to-month agreement).
Have you or the rental provider issued a notice to terminate the lease?
If your fixed-term lease becomes a periodic tenancy, the terms of the fixed-term lease that you signed are the same (to the extent that they can still stand).
This means that you need to do all the things you agreed to under the lease (for example, pay the rent you agreed to in the lease) and your rental provider needs to do all the things they agreed to (such as performing repairs). The terms of the lease can be amended if both parties agree in writing.
If you’re on a periodic agreement, and your rental provider wants to increase your rent, then they need to let you know 60 days before the increase.
If you’re reaching the end of your fixed-term lease agreement and want to move out, you need to let your rental provider know in writing (for example, by sending them an email). Most of the time, you need to let them know at least 28 days before you want to leave the property.
There are some circumstances where you can give 14 days’ notice (instead of 28 days). This include:
Even if you are on a periodic lease, you still need to let your rental provider know in advance if you intend to move out of the property.
You need to give at least 28 days’ notice before you want to leave the property unless one of the following exceptions apply (in which case you can provide less notice):
If your rental provider wants you to move out, they also need to let you know in writing - using the correct form, and have a valid reason, unless you agree.
Fixed term lease: If your rental provider wants you to move out at the end of a fixed-term lease, they need to let you know before the fixed-term lease ends. How much notice they need to give you depends on the length of your fixed-term agreement.
Periodic tenancy: If the landlord wants you to move out while you are on a periodic tenancy, they still need to have a valid reason, and need to give you appropriate notice depending on the circumstances.
If your fixed-term lease agreement has ended, and you want to sign a new fixed-term lease agreement (instead of being on a periodic tenancy), then you should contact your rental provider and let them know.
Yes, if you want to enter into a new fixed-term agreement, then you and the rental provider can negotiate new terms of the agreement. This means that the rental provider can propose a rent increase. However, there are rules about how often the rent can be increased.