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NY State: Lease renewal notice period for year 1

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NY State: Lease renewal notice period for year 1

Postby Marcus Cato » Sun Aug 29, 2021 10:37 am

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Re: NY State: Lease renewal notice period for year 1

Postby TenantNet » Sun Aug 29, 2021 11:25 am

As you live upstate, you would not be covered by rent regulation. Some upstate cities are in the process of adopting rent regs, but I doubt the rural areas will see that any time soon.

Many landlords fail or forget to offer renewals, even if required by law as in RS units. But without a lease renewal, the LL can't raise the rent, and can't backdate a lease to do that (they will often try). If your lease expires and you don't have a renewal in place, if you send in the same rent that you have been paying, and if the LL accepts that amount, then you become a month-to-month tenant.

I would say the 60 day period would hold, that is if you end up in court. That's just my opinion as the law in this case is meant to be a shield (of your rights), not a sword. But not being regulated, the LL is under no obligation to continue your tenancy, so the pragmatic view would be to settle on reasonable grounds rather than allow a situation to escalate.
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Re: NY State: Lease renewal notice period for year 1

Postby Marcus Cato » Sun Aug 29, 2021 11:49 am

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Re: NY State: Lease renewal notice period for year 1

Postby TenantNet » Sun Aug 29, 2021 12:01 pm

He could return it within a reasonable time even if the first transfer is automatic. You could send him a check or M.O., but again, he could just send it back.

They forget all the time; it's in their DNA. You don't know how much he might want to raise the rent; it's just a worry.

If you want 60 days (and intend to move), I would pay the old rent, or I know some tenants withhold the security deposit to cover the last month's rent - assuming there aren't any real damages.

BTW, the way I read it (check p. 8 of the document you cited above), you should have 60 or 90 days after you've lived there for one year.
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Re: NY State: Lease renewal notice period for year 1

Postby Marcus Cato » Sun Aug 29, 2021 3:16 pm

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Re: NY State: Lease renewal notice period for year 1

Postby TenantNet » Sun Aug 29, 2021 3:57 pm

The problem is no one knows what any of the quotes actually mean, and it would take court case to find out. You don't want that.

I've been at this for many years and this is a situation that calls for negotiation rather than confrontation. If you really want an answer I'd write the LL a letter (start documenting things), remind him of what the lease says and tell him you want a lease renewal ASAP.

Remind him that you have been a good tenant paying rent (if true) during the COVID pandemic when many tenants are not able to do so. The alternative is for you to look for a new place (although not entirely true as you could become a M2M tenant) and then take as long as needed to move. Don't say 60 or 90 days. I would say "as long as needed." Also I would not discuss rent increases yet.

Just don't get caught up in all the legalities. it's like the Bible, you can parse it any way you wish.

If the LL is reasonable in your view, then go for it, even if less than the 30 days..
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