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I have continued living in a rental after my lease expired two years ago. The lease required 60 days notice (to quit tenancy) prior to expiration of the lease. No new lease was provided and I continued to pay rent, thereby becoming a monthly tenant per New York State law (§ 232-c ). Per § 232-b, a monthly tenant is required to provide 30 days notice, but that is qualified by the phrase " provided, however, that no notification shall be necessary to terminate a tenancy for a definite term." I would like to know if that "definite term" refers back to the lease, even though it expired two years ago, which specifies 60 days notice, and would therefore oblige me to provide 60 days notice instead of the prescribed 30 days.
Does my monthly tenancy obligate me to all terms of the expired lease? A 60 days notice at this point would be quite burdensome.
I have continued living in a rental after my lease expired two years ago. The lease required 60 days notice (to quit tenancy) prior to expiration of the lease. No new lease was provided and I continued to pay rent, thereby becoming a monthly tenant per New York State law (§ 232-c ). Per § 232-b, a monthly tenant is required to provide 30 days notice, but that is qualified by the phrase " provided, however, that no notification shall be necessary to terminate a tenancy for a definite term." I would like to know if that "definite term" refers back to the lease, even though it expired two years ago, which specifies 60 days notice, and would therefore oblige me to provide 60 days notice instead of the prescribed 30 days.
Does my monthly tenancy obligate me to all terms of the expired lease? A 60 days notice at this point would be quite burdensome.
Any help greatly appreciated.
No, it does not. Once the lease is expired, it's no longer valid.
Appreciate the fast response. Are you writing from experience or legal expertise?
Thanks again.
Experience
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Thanks
