Land Lord Is Pushing for Lease Renewal

[mrpip324]

What is the name of your state? NY State

My Landlord has been putting notices in our mail box and under our door stating that due to the high demand for apartments they need to know 90 days in advance whether or not we are staying for another year. My Wife and I have begun to search out other apartment complexes (closer to where we work), but everywhere we look they only require 30 days notice, and cannot guarantee anything by the end of may, and will not allow us to sign a lease now. My problem is if we cannot find a place and we do not let the landlord know by 90 days can they deny us rental for next year. There is nothing our lease that says 90 days notice. And yesterday the landlord went as far as to put a "renewed" lease in our mail box signed by her for us to sign.

 

[HomeGuru]

What is the name of your state? NY State

My Landlord has been putting notices in our mail box and under our door stating that due to the high demand for apartments they need to know 90 days in advance whether or not we are staying for another year. My Wife and I have begun to search out other apartment complexes (closer to where we work), but everywhere we look they only require 30 days notice, and cannot guarantee anything by the end of may, and will not allow us to sign a lease now. My problem is if we cannot find a place and we do not let the landlord know by 90 days can they deny us rental for next year. There is nothing our lease that says 90 days notice. And yesterday the landlord went as far as to put a "renewed" lease in our mail box signed by her for us to sign.

**A: thank you for writing. If you do not know what to do then we can't help you.

 

[mrpip324]

Is it legal for them to push us into a lease?

 

[HomeGuru]

Is it legal for them to push us into a lease?

**A: of course not, this is America. You DO NOT have to sign the lease.
And you will them become m/m tenants. But of course you knew all that already.

 

[JETX]

And you will them become m/m tenants.

With all due respect to my esteemed colleague.... that is not correct.

The current term lease expires on its termination date. At that point, the tenant can retain tenancy IF THE LANDLORD ALLOWS. If the landlord doesn't want you there, you can and will be evicted.
Though most landlords will allow the tenant to remain, on a month-to-month 'at will' tenant agreement rather than go through the ordeal and cost of obtaining an tenant.

 

[HomeGuru]

With all due respect to my esteemed colleague.... that is not correct.

The current term lease expires on its termination date. At that point, the tenant can retain tenancy IF THE LANDLORD ALLOWS. If the landlord doesn't want you there, you can and will be evicted.
Though most landlords will allow the tenant to remain, on a month-to-month 'at will' tenant agreement rather than go through the ordeal and cost of obtaining an tenant.

**A: so you are saying that if a lease is not signed and the tenants remain, the tenants WILL NOT be m/m tenants? What would they be considered then?
Would you have been happier if I said the tenants would become m/m hold over tenants?

 

[JETX]

**A: so you are saying that if a lease is not signed and the tenants remain, the tenants WILL NOT be m/m tenants? What would they be considered then?
Would you have been happier if I said the tenants would become m/m hold over tenants?

Yep.

Your post said that a tenant who does not move out on the termination of their lease period "will them become m/m tenants."
And my response is that would be the case only if the landlord agreed to allow them to remain. There is no requirement for the landlord to allow the (now) out-of-lease tenant to remain in his/her property, and if they did so, they would then be 'holdover' tenants, without ANY legal right to remain.

However, the minute that the landlord accepts that next rent payment.... he affirms their tenancy, and he/she/they would become 'at will' month-to-month tenant(s).

We still love ya' though, bro'!!