month-to-month tenant

[kschwag]

My landlord refused to renew our lease officially over 2 years ago and we've had a month-to-month lease since then. Do the terms of the old lease still apply? If not, what would be the terms and conditions of our occupancy? Thanks!

[Anna]

My landlord refused to renew our lease officially over 2 years ago and we've had a month-to-month lease since then. Do the terms of the old lease still apply? If not, what would be the terms and conditions of our occupancy? Thanks!

In NY state but not NYC? free market apt/house ? Then: Yes, except the length of the lease and possibly termination notice required.

Real Property Law
Sec. 232-b. Notification to terminate monthly tenancy or
tenancy from month to month outside the city of
New York.

A monthly tenancy or tenancy from month to month of any lands or
buildings located outside of the city of New York may be
terminated by the landlord or the tenant upon his notifying the
other at least one month before the expiration of the term of his
election to terminate; provided, however, that no notification
shall be necessary to terminate a tenancy for a definite term.

[kschwag]

What happens if the LL doesn't ever put the security deposit in a bank account? Does that alter his rights or ours at all? We're also fairly certain he doesn't claim the rent he gets from us as income. We want to move and we know he'll never give us that deposit back so we were going to "ask" him to use the security deposit (2 months rent) and fix any damage ourselves. Is this a bad idea? This is too stressful!

[Downtown]

You have to give 30 days notice (before rent due date) to terminate. Would suggest in writing and send RRR.

As to deposit, not legal to use, but many do Would make sure that you take dated pics of clean place....as evidence in case you are sued.

[Anna]

In all NYS except NYC, notice of ONE MONTH is required.
One month is not the same as 30 days: some months have 31 days in them, Feb only has 28 or 29.
Notice given anytime prior to 8/1 (if rent due date is 1st of every month) is effective 9/1.

[kschwag]

Is this the case even if the expired lease states that 2 months notice is required? What can we do about the fact that he never put our security deposit ina bank account like he was supposed to?