After a lease expires and a tenancy becomes month-to-month, can the previous expired lease still be honored in court?
Our tenants went month-to-month after their lease expired. When they moved out, they didn't give a 30-day notice (stated in the previous/expired lease). They also didn't pay the last 2 month's rent. They said that because we didn't have a contract after the lease expired, they weren't obligated to pay us anything. They actually want their security deposit back and are preparing to take us to court. I do have an e-mail where they finally say "OK" to the month-to-month "e-mail" agreement.
First of all, you say that your tenants didn't pay the last 2 months rent. If they are month-to-month then they are only required to pay a month at a time, so there was not 2 months left in their tenancy. However, that having been said, for a tenant to terminate a month-to-month rental 30 days notice is required to be given (30 days from when rental payment is next due).