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month to month lease, 30 day termination

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month to month lease, 30 day termination

Postby NYCTenant1490 » Thu Jun 09, 2011 5:59 pm

Hi, I live in a apartment for over 5years. Never paid rent late. The unit is not rent stabilized. I have received the 30 day termination letter, I have to vacate by july 31. However this is the situation, the lease expired well over a year ago, correct me if I am wrong but that would make me a month-to-month tenant since he accepted my monthly rent payments after the lease expired. None the less he made me and my family sign a month-to-month lease, with a beginning date stating June 1st, 2011, however there is no end date but on the term section he wrote : "Month-to-month". Is there anything I can or should not do or entitled to ? I am thinking of withholding any future rent payment and I think 30 days is very little time to vacate and find a new place.
Feel free to ask questions and I'll respond as much as possible.
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Postby TenantNet » Thu Jun 09, 2011 6:24 pm

First, are you certain it's not rent stab? Have you looked into it? If so you would be entitled to a renewal lease. It's worth investigating and you don't have much time.

If not, then yes, if the lease expired you would be a M2M tenant and 30 days written notice is required.

There is no such thing as a M2M lease as by definition, M2M tenants have no leases (or the lease expired). More so, without a definite term, it's not even a lease in my opinion. Leases must have term dates.

You don't mention any deposit you might have, but that might be one consideration whether to withhold rent until you leave. Of course you would be responsible for legitimate damages, but you're looking to level the playing field. Also consider you might be able to negotiate more time.
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Postby NYCTenant1490 » Thu Jun 09, 2011 6:32 pm

Yes, indeed the unit is not rent stab. We don't have the deposit because the previous LL didn't required it. The now current LL used to be a tenant and he bought the house and he said there was no problem as far as the deposit until recently in the last year or so.

Since there is no M2M lease, that so called "lease" is void ?
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