I would like to request some assistance in understanding my lease's holdover clause in light of the wonderful information I've found here.
Basic Facts:
- My family is a month-to-month tenant in a two family house in Queens, NY. Landlord lives downstairs.
- We've been month-to-month for over 4 years, based on the holdover clause in my lease.
- Lease states that the terms lasted through October, 2009
According to the reference section, "Saying a person is a month to month tenant with a lease is like saying someone is almost pregnant." "A month to month tenancy by definition means there is no lease. "
My Lessee Hold Over Clause states:
"If Lessee remains in possession of the Premises with the consent of the Lessor after the expiration of this agreement, a new tenancy from month-to-moth shall be created between Lessor and Lessee which shall be subject to all of the terms and conditions hereof."
If, by definition, month-to-month implies no lease, can this holdover clause allow the landlord (or me) to enforce the other clauses of the expired lease?
I'm asking because there is language in the lease about the Landlord needing to give two months notice to my family to request us to vacate. I'm trying to determine if this is still in effect.
Thanks in advance!