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NY STATE:Landlord forgot to send lease renewal on time

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NY STATE:Landlord forgot to send lease renewal on time

Postby Marcus Cato » Sat Aug 07, 2021 6:57 am

Hello,
We live in upstate New York (not NYC!). This is my first year of the lease. As per the lease agreement, the landlord should have sent me a lease 60 days before lease expires. However we have not received the renewal and now it is around 50 days before it expires.

We do not mind the delay and are happy to sign the renewal whenever we receive it. However, does the delay indicated they are not interested in renewing the lease and may send a 30 day notice to leave? We are concerned we would be told to leave at the start of winter in an area where properties are not available for rent easily.

We have been good tenants, though when we had moved in, we had some tension due to severe mould issues inside the apt and other maintenance issues (non-functional electrical appliances, broken windows etc etc) that the landlord had not fixed prior to use moving in and had taken over a month to resolve. We were patient & respectful on our side throughout the maintenance issues. We have kept the apt in top-notch condition and have been very quiet and friendly to other tenants in the apt block. So, the only reason I can guess that the landlord may have to not renew the lease is the initial maintenance work they had to do on our insistence.

Any advice is much appreciated, thanking in advance!
Last edited by Marcus Cato on Tue Aug 31, 2021 4:01 pm, edited 1 time in total.
Marcus Cato
 

Re: NY STATE:Landlord forgot to send lease renewal on time

Postby TenantNet » Sat Aug 07, 2021 10:39 am

Being upstate, your rights for the most part (with some exceptions) depend on the lease.

I can'tg speculate on what the delay could mean, but there are any number of rational explanations, i.e., vacation, Covid, being lazy, etc. Have you called or written the LL? If they don't use professional management people, it could be they just forgot.
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Re: NY STATE:Landlord forgot to send lease renewal on time

Postby Marcus Cato » Sat Aug 07, 2021 11:55 am

DELETED
Last edited by Marcus Cato on Tue Aug 31, 2021 4:01 pm, edited 1 time in total.
Marcus Cato
 

Re: NY STATE:Landlord forgot to send lease renewal on time

Postby TenantNet » Sat Aug 07, 2021 12:13 pm

Month-to-month tenancies are just extensions of an existing lease beyond the existing lease's expiration. If your lease expires (say Aug. 31), and if you send in a check to the LL at the same rent as the expired lease, and if the LL accepts that rent (does not send it back), then that creates a M2M tenancy. It can continue like that essentially forever.

I do not know if the lease agreement - as you describe it - is enforceable, the 60 day requirement, because if not renewed, the lease simply expires.

I would go here: viewtopic.php?f=3&t=13888
and download part 1. While much of this is for rent regulated tenants, some are for statewide unregulated tenants. Look for "Notice Prior to Expiration of Lease and of Rent Increase" (page 39 of the file).
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Re: NY STATE:Landlord forgot to send lease renewal on time

Postby Marcus Cato » Fri Aug 20, 2021 3:19 pm

DELETED
Last edited by Marcus Cato on Tue Aug 31, 2021 4:01 pm, edited 1 time in total.
Marcus Cato
 

Re: NY STATE:Landlord forgot to send lease renewal on time

Postby TenantNet » Fri Aug 20, 2021 3:35 pm

There's not much you can do other than wait. You can remind them, but you don't want to get them pissed-off.

As explained, I would just pay the existing rent and hope they accept it. A lease can get you locking-in for a year or two, which might be a good thing. M2M gives you flexibility. There are trade-offs either way.
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