Posted by New York Tenant on May 04, 2001 at 11:30:12:
In Reply to: Expiration of Lease; Month-to-Month Tenancy posted by New York Tenant on May 04, 2001 at 11:26:03:
Once the tenant stays on after the lease has ended, the landlord can only raise the rent if the tenant agrees, Goidel said. If the tenant doesn't agree, but continues to stay on, the landlord can't bring a non-payment proceeding in court to obtain the higher rent or to get rid of the tenant. He must bring a holdover proceeding. The case goes to housing court, and a judge can allow the tenant to remain for up to 6 months more before vacating. How long the tenant is given depends on things like the length of time he has lived there and if he has children.
The tenant must continue paying rent, based on the last rent paid, to remain, he said. Should the tenant not agree to the rent increase but stay on and the landlord cashes the check, the tenant can remain at the old rate, Goidel said.
The landlord can ask the tenant to leave after giving a 30-day notice that comes at the end of a rental period. For example, if he serves the notice April 5, the tenant has until May 31 to leave."
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