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What to do if your lease is up but you still pay rent

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What to do if your lease is up but you still pay rent

Postby Indigo_94 » Sat Jul 18, 2020 2:06 pm

If you are a tenant that signed a lease for 6-12 months and after the lease has passed the agreed end of date and the landlord has not renewed the lease or issue a notice, but you continue to pay your rent and the landlord accepts, are you now on a month-to-month lease even if there's no paperwork that documents this? In this situation are you require to give a 30 day notice if you want to move out and get you security deposit back?
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Re: What to do if your lease is up but you still pay rent

Postby TenantNet » Sat Jul 18, 2020 2:42 pm

How do you sign a lease for 6 months, or somewhere in between? Leases are supposed to be for 1 or 2 years ... unless you're in a month-to-month situation, which by definition does not have a lease.

Leases cannot be either 6 or 12 months. They must specify exactly when they expire.

You give us no information about the place. Have you check to see the rent history from DHCR and if it should be rent stabilized?

If the LL accepts rent after the "lease" ends, then you become month-to-month, which is essentially a recurring 30-day lease on the same terms and condition as the expired lease.

If you plan on moving, then yes, I would give 30-days notice by certified mail. And it can't hurt to give that notice no matter what the case, just to avoid the LL claiming you didn't follow proper procedure.

Look at the Lobovits guide to the 2019 law, Part 1 and go to page 39 "Notice Prior to Expiration of Lease and of Rent increase."

If you become a M2M tenant and if the LL wants you out, he must then give you a 30 day notice, and if in NYC, by process server (RPAPL 735). Again, see the Levobits document. So if LL now wants you out, he must serve you properly, and if on July 18, then it's effective on Sept. 1st. After that date the LL can bring a holdover proceeding .... if the courts are open and there are no COVID-19 roadblocks.
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