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Unread 01-16-2012, 08:22 PM
 
Location: a fantasy world
3,997 posts, read 4,130,586 times
Reputation: 3450
Quote:
Originally Posted by namous40 View Post
hi
i gave 30 day notes on 1-13-2012 to move out i had a lease for one year in 2-2010 when it was up see said make a lease are mouth to mouth up to you. i said mouth to mouth . so first she said she would give refrains to the next house i rent but when the the apartment ask her to fell out a paper she said no!.and then said i cant give notes on the 1-13 only on the first of the mouth because im on a mouth to mouth not a day to day? is this wright? i live in az
A mouth to mouth lease? How does that work...Sounds right up my ally
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Unread 01-17-2012, 05:48 AM
 
Location: Manhattan
9,982 posts, read 7,872,328 times
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When a lease says that "TENANCY TERMINATES DECEMBER 31 unless lease is renewed," that is EXACTLY what it means.
There is no need to notify a landlord in an extra special manner; the mere non agreement to a renewal is notice enough.

In fact usually a renewal offer contains the same kind of language.

Landlords are HAPPIER if you give them a lot of noitice for everything you do, but it is not the duty of a tenant to keep a landlord happy, a timely rent check is sufficient.
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Unread 03-03-2012, 06:20 PM
 
5 posts, read 15,533 times
Reputation: 11
I have tenant that resided in my basement apartment in my house for 3yrs, We had a verbal agreement on the rent and no lease...when he moved in it was just him, then a few months later his mother just moved in and then his girlfriend was "sleeping" here. Anyway his usual rent payment is on the 4th of every month, so on Mon the 27th of feb, he calls me at work and says he is moving out on Sat the 3rd of march (In 5 days), then calls me on Thurs the 1st of march asking me can he get his security deposit back...Am I obligated to give him back his security ?
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Unread 03-04-2012, 04:44 AM
 
26,067 posts, read 20,582,450 times
Reputation: 13272
It looks like in the city the landlord has to give 30 days notice he wants you out and wont be renewing your lease or you can stay until he does . the tenant is required to give no notice in the city limits he is leaving but outside the city limits its one month is required.

MONTH TO-MONTH TENANTS

Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law 232-c)

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.

The termination notice need not specify why the landlord seeks possession of the apartment, only that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. Real Property Law 232-a and 232-b.




http://www.nycrgb.org/html/resources...enguide.html#3

Last edited by mathjak107; 03-04-2012 at 05:25 AM..
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Unread 03-04-2012, 04:46 AM
 
26,067 posts, read 20,582,450 times
Reputation: 13272
Quote:
Originally Posted by Kefir King View Post
When a lease says that "TENANCY TERMINATES DECEMBER 31 unless lease is renewed," that is EXACTLY what it means.
There is no need to notify a landlord in an extra special manner; the mere non agreement to a renewal is notice enough.

In fact usually a renewal offer contains the same kind of language.

Landlords are HAPPIER if you give them a lot of noitice for everything you do, but it is not the duty of a tenant to keep a landlord happy, a timely rent check is sufficient.
while the tenant can just pick up and go if he wants the landlord is required to give 30 days he isnt renewing or the tenant can stay beyond the lease term..

232-a. Notice to terminate monthly tenancy or tenancy from month to
month in the city of New York. No monthly tenant, or tenant from month
to month, shall hereafter be removed from any lands or buildings in the
city of New York on the grounds of holding over his term unless at least
thirty days before the expiration of the term the landlord or his agent
serve upon the tenant, in the same manner in which a notice of petition
in summary proceedings is now allowed to be served by law, a notice in
writing to the effect that the landlord elects to terminate the tenancy
and that unless the tenant removes from such premises on the day on
which his term expires the landlord will commence summary proceedings
under the statute to remove such tenant therefrom.

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.

Last edited by mathjak107; 03-04-2012 at 05:23 AM..
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Unread 03-04-2012, 04:54 AM
 
26,067 posts, read 20,582,450 times
Reputation: 13272
Quote:
Originally Posted by flydi379 View Post
Generally if your lease doesnt state so, you are not obligated to give notice. Especially since they have not sent you any renewal notices.
However I think it is the courteous thing to do. It wouldnt hurt anything, and your landlord/management company would appreciate the heads up that way they are not faced with a vacancy
Good luck!
it looks like in the city limits its one sided, the landlord has to give the tenant 30 days notice but the tenant is free to pick up and leave anytime. outside nyc the tenant has to give 1 months notice.

once again i ask where are the laws that protect landlords rights in nyc?

Last edited by mathjak107; 03-04-2012 at 05:16 AM..
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Unread 03-04-2012, 05:27 AM
 
Location: Manhattan
9,982 posts, read 7,872,328 times
Reputation: 3983
mathjak,

re your post #15:

Read MY first sentence and then the title of the paragraph you quoted and tell me you still agree with what you wrote.

I am talking about the natural termination of a written lease lease and what is required of a tenant and you are posting about a LANDLORD'S dutiees in the termination of a month-to-month tenancy with NO LEASE. This is not apples and oranges but rather apples and orangutans.
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Unread 03-04-2012, 05:30 AM
 
26,067 posts, read 20,582,450 times
Reputation: 13272
yes you are correct from the tenant side, no notice is required.

im just pointing out that landlord was required to give 30 days notice before the lease ends that he isnt renewing you or wants you out. thats both law and in most if not all leases.

by the terms of most leases you have to give 30 days notice your leaving as the tenant as well..

but if the landlord doesnt send you a renewal or doesnt give you 30 days advance notice before the lease is up then you become month to month if you stay and are not required to give any advance notice you want to leave..

the landlord must still give you 30 days notice to leave or you can continue to stay until you get the full 30 days notice.. so tenancy doesnt always have to end with the termination of the lease date, a tenant can stay longer if they choose to have month to month tenancy until they get that 30 day notice or just stay forever as a month to month...

once again nyc is unfair to landlords because nyc bucks the law the rest of the state follows which requires 1 month notice by both parties even when on a month to month..

Last edited by mathjak107; 03-04-2012 at 06:18 AM..
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Unread 03-04-2012, 06:49 AM
 
26,067 posts, read 20,582,450 times
Reputation: 13272
found this looking around the internet.

to me it looks like if the tenant notifies the landlord they are leaving at the end of the lease and its more than 30 days before the end of the lease ,the lease terms usually ask it be done 30 days prior .

in that same 30 days prior the landlord is required to issue either a renewal , tell the tenant to vacate or make the tenant month to month.

if the landlord doesnt act on the 3 choices above at least 30 days prior to the lease expiring than it looks like the tenant goes month to month by default once the lease expires ..

any provisions for the tenant having to give notice in the lease 30 days prior are now gone. the tenant has to give no advanced notice anymore.

the key is the tenant actually has to stay right up to the lease expiring so they now go month to month at least for a day.

By JAY ROMANO
Q.

I don’t plan on renewing the lease on my Manhattan apartment. How much notice am I required to give my landlord?

A.

“The writer does not specify if her apartment is rent-regulated or not, and that makes a difference,” said Sherwin Belkin, a Manhattan lawyer who represents property owners. If the apartment is rent-stabilized, he said, the owner is obliged to offer a renewal lease 90 to 150 days before the lease expires, and the tenant must accept or reject the offer within 60 days. “If the tenant fails to do anything,” he said, “this is tantamount to the tenant advising that she is leaving at the end of the lease.” If the tenant is not rent-regulated, Mr. Belkin said, unless there is some provision in the lease that creates an automatic renewal notice, the tenant’s only obligation is to vacate when the lease ends.

Last edited by mathjak107; 03-04-2012 at 07:51 AM..
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Unread 03-04-2012, 09:08 AM
 
26,067 posts, read 20,582,450 times
Reputation: 13272
Quote:
Originally Posted by Kefir King View Post
When a lease says that "TENANCY TERMINATES DECEMBER 31 unless lease is renewed," that is EXACTLY what it means.
There is no need to notify a landlord in an extra special manner; the mere non agreement to a renewal is notice enough.

In fact usually a renewal offer contains the same kind of language.

Landlords are HAPPIER if you give them a lot of noitice for everything you do, but it is not the duty of a tenant to keep a landlord happy, a timely rent check is sufficient.
interesting , we all thought the above is what should happen , no lease means no lease.

but:
according to Seth Miller, a Manhattan lawyer who represents tenants, said tenants should be careful about what happens when their existing lease expires and they decide to stay on as month-to-month renters without a renewal lease.

Basically, the terms of the original lease will carry over.

So while tenants without a lease would be subject to rent increases or eviction on 30 days’ notice, they would also be bound by any provisions in the original lease


it makes sense to me ,as an example if the origonal lease said no pets just because your month to month you cant suddenly have pets.....

Last edited by mathjak107; 03-04-2012 at 09:27 AM..
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