Automatic renewal unless tenant gives 60 days' notice
Common but easy to miss. If you don't send written notice 60 days before lease end, you're locked into another full term (often at a higher rent the landlord sets unilaterally).
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What it actually means
An auto-renewal clause flips the default: instead of the lease ending on the end date, it automatically renews for another term — usually another full year — unless YOU send a non-renewal notice by a specific deadline.
60 days is on the longer end of normal. 30 days is more tenant-friendly. The dangerous part is usually buried: many auto-renewal clauses also let the landlord raise rent by 'a reasonable amount' or 'market rate' on renewal, with no cap.
What it looks like in a lease
"This Lease shall automatically renew for successive terms of twelve (12) months unless either party provides written notice of non-renewal no less than sixty (60) days prior to the expiration of the then-current term. Rent for any renewal term shall be set by Landlord and communicated to Tenant."
What to watch for
- The notice deadline (count it on a calendar the day you sign)
- Required notice method — certified mail, hand delivery, or a specific portal
- Whether rent can be raised on renewal and by how much
- Whether the renewal term is month-to-month or another full year
How to negotiate it
Ask for: (1) the lease ends automatically on the end date and converts to month-to-month — no auto-renewal, OR (2) the renewal is month-to-month, not another 12-month term, OR (3) any rent increase on auto-renewal is capped (e.g., no more than 5%).
When it crosses into a red flag
- Notice window longer than 60 days
- Notice can only be given by certified mail or in person (no email)
- Auto-renewal at 'market rate' with no cap
- Auto-renews for another full 12 months instead of month-to-month
Frequently asked questions
What happens if I forget to send the non-renewal notice in time?
Most states will enforce the auto-renewal as written — you're on the hook for another full term. A few states (NY, FL, CA among others) require the landlord to remind you in writing before the deadline; if they didn't, the clause may be unenforceable.
Can I send the non-renewal notice by email?
Only if the lease allows it. If the lease specifies certified mail or hand delivery, that's the only safe method. Always send it the way the lease requires AND keep proof.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
