Legal Question in Real Estate Law in Massachusetts

Re: Does a self-renewing lease mean I have to sign a new lease?

You need to take your old lease and the new one to an attorney, and get them to review both documents and give you advise on your legal options. There are many other clauses that may or may not be in the original contract, which would totally change the answer to your question.

You should also carefully think about what you want to do in terms of remaining a tenant. The attorney can help you figure out the best way to stay, if that is what you want to do, or to leave, if that is your wish. You must realize that if you do not sign on for a new lease, the landlord can give you notice and then evict you. How much notice, and how it is given, is something the attorney you see can tell you.

Re: Does a self-renewing lease mean I have to sign a new lease?

When your landlord sent you the new lease, did he he tell you that he was not renewing the old lease explicitly?

If he merely mailed you a new lease (or you received it after the final 60-day period had started), he may have made a big mistake and the old lease should self-extend. If it self-extends, depending upon how it's worded, it is probably for another year and it might be for the OLD RENT RATE! The landlord could not evict you for nonpayment of the new rent if that's the case. But you need to have it reviewed SOOON.

If you want, fax me the old lease and whatever notice(s) you received, to (617)527-1763. I'm about to take a vacation so do it soon or don't expect an answer from me until about the 4th of the month. (If you don't hear from me by the 1st, go see another attorney who practices landlord / tenant law in your area.)

In general, to answer your question, a self-renewing lease doesn't mean you have to sign a new lease. Also, I've never seen such a clause as the one you say is in the new lease and I'd like to have you fax that page to me, please. If it's not very very clear about the possible changes in the new lease that you would be required, it is probably an invalid (unenforceable) clause. Why? Because it doesn't make sense that someone could agree to agree upon an unseen lease and that someone else could enforce that. But if the new lease says that the subsequent lease you're agreeing in advance to sign would only change certain terms, it's possible ... but I still doubt it.

Write to me directly if you like, but SOON!!!

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Re: Does a self-renewing lease mean I have to sign a new lease?

Just noticed more carefully what you wrote ... note that self-renewing is not the same as self-extending.

I'd have to see the leases for myself ...