Question:
I had a lease with my tenant, which has now expired. The tenant
continues to pay monthly rent. Is the lease still in effect?
Answer: Yes, to an extent. If a tenant continues to pay rent
after the expiration of the lease (and the landlord accepts it) the tenant
becomes a tenant-at-will (aka "month-to-month"
tenant). The prior terms of the lease remain in effect. The major
change is that the landlord may end the landlord/tenant relationship with the tenant
by giving proper notice. The landlord must give the tenant
a minimum of thirty days’ notice prior to bringing an eviction (if
the tenant pays rent on a longer interval than a month, such as
every two months, than the notice period must be for this length of
time).