No lease, landlord insists we have one, vacating (long)

[rairai979]

I rented an apartment in a complex in Nassau County on February 15, 2009 with a 15 month lease. When my lease expired (May 15th, 2010), and a new lease was sent to me, it was incorrect. The original property manager had listed my father on the lease incorrectly, and my fiance had since moved in with me. The complex requires that all parties living in the apartment be on the lease.

I approached them with the changes, and gave them all required documentation for my fiance to be approved for the lease (income verification and background check form). A few weeks went by and I did not receive a new lease. I visited the office a few times (2 or 3) to state that I had not yet received a new lease, and was promised that they were working on it. It was never delivered.

I lost my job on June 26th, 2010, and my fiance and I decided to move out of state. He remained in the apartment while I moved out in October 2010, but has moved to join me a few weeks ago.

As I never signed a new lease, I sent a 30-Day notice to vacate via certified mail, anticipating an issue. The Assistant Property Manager called me this afternoon. First, she stated that she delivered a corrected lease on June 1st, 2010, which is completely untrue. Second, she stated that keeping possession of the apartment qualifies having a lease and I am required to give 60-days notice as per the lease.

My question is this - Do I, under NY State Law, technically have a lease? If so, I'll figure out a way to pay the extra month's rent. However, if not, I refuse to pay it, its money I don't have right now.

I'm not usually up to fight something so small, but with my fiance being laid off, I really cannot afford to pay another month's rent right now. Sorry this is so long, and thanks in advance for any help / advice.

[TenantNet]

Based on what you've indicated, I do not think you have a lease. When a lease expires, and if not renewed, and if the tenant stays in the unit, the tenant would then become a Month-to-Month tenant. According to the Real Property Law, there are provisions regarding how much notice is required (none in NYC, 30 days outside of NYC). See the RPL on this site, and also the Month-to-Month section on this forum's Reference Section.

If you were rent stabilized, however, you might be subject to a "deemed lease" at the option of the landlord when a complete and proper lease is offered to the tenant in accordance with RS rules. It appears this does not apply to you.

More over, even if the LL had delivered a lease to you, you can ask him what date? how was it delivered? Do they have a copy with your signature? and so on. Likely not.

This sounds like a shakedown. Do not let them wear you down.

Also, since you're now out of state, it would be difficult for them to come after you legally (but make sure you don't have any bank accounts or assets in NYS).

[rairai979]

Thank you for such a fast response.

No, this is not a rent-stabilized apartment, and I do believe they are doing this to cover their mistakes. I sent the letter addressed directly to the property manager (large management company), however, I doubt it ever reached her desk. The assistant property manager is known for hiding things from the manager.

ETA: They don't have a signed copy of any lease except for my original, however, I did sign an intent to renew in May 2010, and my intentions were to renew until my situation changed.