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Old 10-23-2011, 02:55 PM
 
3 posts, read 35,723 times
Reputation: 13

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Hi Everyone,
Hoping I can get some insight on the situation my husband and I are currently in. We have been in our apartment for over 2 years and our lease expired this past May. We never got a renewal notice from the landlord so I have been just paying my rent month to month in a timely manner since then.

Not sure why, but we never bothered to ask the landlord about not getting the renewal notice (maybe sheer laziness or stupidity on our part??!) .

Anyways- as it would turn out- my husband got a job opportunity out of state and we will be looking to move in the next several months. Now I am wondering if I give our landlord 30 days notice would that suffice? since we dont have a lease? I never got a copy of our original lease (yes, I know more stupidity) so I dont know what it says, if any, about a month to month situation. I've asked some friends and they told me we even might owe double rent!

any help would be greatly appreaciated.
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Old 10-23-2011, 03:01 PM
 
Location: Newport, RI
1 posts, read 11,912 times
Reputation: 11
I lived in my last apt. for three years without a lease, gave 30 days notice and left with my security given back to me, if you have maintained a good relationship with your landlord there s/b no problem!
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Old 10-23-2011, 03:48 PM
 
3 posts, read 35,723 times
Reputation: 13
I hope our landlord will be understanding like that. I am not under any lease annual or monthly - so I dont know what our rights are if things get ugly.
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Old 10-23-2011, 03:58 PM
 
64,577 posts, read 66,100,109 times
Reputation: 43003
you really hold more cards than you think with no lease. the tenant is protected under law,ny has an implied lease through its assortment of tenant laws. there isnt much on the books as far as laws implied protecting landords.

on the other hand the landlord can have more trouble than he realizes.

in the event you stop paying rent how does he even document what the rent is you arent paying.
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Old 10-23-2011, 04:04 PM
 
3 posts, read 35,723 times
Reputation: 13
Quote:
Originally Posted by mathjak107 View Post
you really hold more cards than you think with no lease. the tenant is protected under law,ny has an implied lease through its assortment of tenant laws. there isnt much on the books as far as laws implied protecting landords.

on the other hand the landlord can have more trouble than he realizes.

in the event you stop paying rent how does he even document what the rent is you arent paying.
Thats true, we never thought about it that way. Even though we never recvd a lease renewal notice from them we just continued to pay our rent.
My husband even called them once or twice asking about the renewal notice and never heard back. After that, being busy we just kinda let the ball drop. We will just give them the 30 days notice and hope they are OK with that.
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Old 10-23-2011, 04:34 PM
 
10,605 posts, read 20,734,839 times
Reputation: 8150
Is the apartment in a private house? Could be the landlord is thinking of selling or thinking of wanting the apartment back for some reason, so he is planning to give you 30 days to vacate at some point. My understanding is that if you don't have an annual lease, that automatically makes you month to month, and either party (tenant or landlord) can give the other 30 day notice.

This does not hold true in rent-stabilized units, but it doesn't sound like you are in one of those.
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Old 10-23-2011, 04:59 PM
 
Location: Maryland
18,563 posts, read 15,771,473 times
Reputation: 6259
Quote:
Originally Posted by nyctenant View Post
Hi Everyone,
Hoping I can get some insight on the situation my husband and I are currently in. We have been in our apartment for over 2 years and our lease expired this past May. We never got a renewal notice from the landlord so I have been just paying my rent month to month in a timely manner since then.

Not sure why, but we never bothered to ask the landlord about not getting the renewal notice (maybe sheer laziness or stupidity on our part??!) .

Anyways- as it would turn out- my husband got a job opportunity out of state and we will be looking to move in the next several months. Now I am wondering if I give our landlord 30 days notice would that suffice? since we dont have a lease? I never got a copy of our original lease (yes, I know more stupidity) so I dont know what it says, if any, about a month to month situation. I've asked some friends and they told me we even might owe double rent!

any help would be greatly appreaciated.
In NYC landlords tend to welcome vacancies shouldn't be a big deal
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Old 10-24-2011, 08:46 AM
 
Location: Manhattan
20,134 posts, read 26,416,255 times
Reputation: 9029
You have defaulted to a month to month lease.

Thirty-days' notice should be perfectly fine.
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Old 10-24-2011, 12:58 PM
 
Location: NY,NY
2,899 posts, read 8,304,910 times
Reputation: 2021
Quote:
Originally Posted by nyctenant View Post
Thats true, we never thought about it that way.
"...laziness or stupidity...."

Please, let's not succumb to the latter.

Quote:
Originally Posted by Henna View Post
This does not hold true in rent-stabilized units, but it doesn't sound like you are in one of those.


It does hold true. Recieve a lease and fail to sign and return, what do you think is the situation, stabilized or not?
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Old 10-24-2011, 01:00 PM
 
Location: NY,NY
2,899 posts, read 8,304,910 times
Reputation: 2021
Quote:
Originally Posted by mathjak107 View Post
you really hold more cards than you think with no lease. the tenant is protected under law,ny has an implied lease through its assortment of tenant laws. there isnt much on the books as far as laws implied protecting landords.

on the other hand the landlord can have more trouble than he realizes.

in the event you stop paying rent how does he even document what the rent is you arent paying.
Stupidity speaks above!

Correct, there is a 'implied' lease. Wrong, there is MUCH law protecting LLs, specifically re month to month tenancies.

What "trouble" might that be?

The last comment above is the most stupid, ignorant, unknowing presumption of knowledge!!!

Let us see, the LL can obtain bank records showing monthly deposits and/or photocopies of the actual rent checks; and oh, ahhh, hummm, the ORIGINAL lease!!

Arrogant ignorance.

****

OP, you don't have a lease or renewal, because of "laziness or stupidity", I guess its the same reason for the lack of a five second Google: NYC Rent Guidelines Board

I respect your honesty.
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