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Do I have to pay rent without a lease?

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Aquabella

New member
What is the name of your state? New York

My lease expired two months ago of July 2019. My sons and I still live in the apartment. I haven't paid rent last month of August. I got a letter twice from apartment's management office for renewal lease option last June and last July after my lease expired. I haven't send renewal notice yet. I was told that they got my renewed lease. I told them I never send it yet. They kept going to set up rent payment for me to pay online or rent check. I was told to pay rent from last month of August and this month of Sept. My question is, do I have to pay rent without a lease?
 


Just Blue

Senior Member
What is the name of your state? New York

My lease expired two months ago of July 2019. My sons and I still live in the apartment. I haven't paid rent last month of August. I got a letter twice from apartment's management office for renewal lease option last June and last July after my lease expired. I haven't send renewal notice yet. I was told that they got my renewed lease. I told them I never send it yet. They kept going to set up rent payment for me to pay online or rent check. I was told to pay rent from last month of August and this month of Sept. My question is, do I have to pay rent without a lease?
Don't be silly...of course you must pay the rent! I suggest you get square with the LL before he files for you to be evicted. Once you are evicted you will not be able to rent even a semi-decent place anywhere.
 

stealth2

Under the Radar Member
What is the name of your state? New York

My lease expired two months ago of July 2019. My sons and I still live in the apartment. I haven't paid rent last month of August. I got a letter twice from apartment's management office for renewal lease option last June and last July after my lease expired. I haven't send renewal notice yet. I was told that they got my renewed lease. I told them I never send it yet. They kept going to set up rent payment for me to pay online or rent check. I was told to pay rent from last month of August and this month of Sept. My question is, do I have to pay rent without a lease?
You can't be serious. What makes you think you can live in someone else's property for free?
 

Just Blue

Senior Member
You can't be serious. What makes you think you can live in someone else's property for free?
Apparently, OP is under the misconception that if you just don't sign the lease renewal s/he gets to live free on a legal technicality. That is, of course, very wrong.
 

LdiJ

Senior Member
What is the name of your state? New York

My lease expired two months ago of July 2019. My sons and I still live in the apartment. I haven't paid rent last month of August. I got a letter twice from apartment's management office for renewal lease option last June and last July after my lease expired. I haven't send renewal notice yet. I was told that they got my renewed lease. I told them I never send it yet. They kept going to set up rent payment for me to pay online or rent check. I was told to pay rent from last month of August and this month of Sept. My question is, do I have to pay rent without a lease?
Yes, you absolutely do. The fact that you haven't signed the renewal does absolve you from paying rent. However, its highly likely at this point that you are going to end up with an eviction on your record if you don't pay August and September's rent immediately.
 

Zigner

Senior Member, Non-Attorney
Frankly, the LL would be wise to file for an eviction immediately and then follow through with it. That would include not accepting any rent.
 

Eekamouse

Senior Member
What is the name of your state? New York

My lease expired two months ago of July 2019. My sons and I still live in the apartment. I haven't paid rent last month of August. I got a letter twice from apartment's management office for renewal lease option last June and last July after my lease expired. I haven't send renewal notice yet. I was told that they got my renewed lease. I told them I never send it yet. They kept going to set up rent payment for me to pay online or rent check. I was told to pay rent from last month of August and this month of Sept. My question is, do I have to pay rent without a lease?
If you don't intend to pay your rent, why are you still in the apartment?
 

not2cleverRed

Obvious Observer
What is the name of your state? New York

My lease expired two months ago of July 2019. My sons and I still live in the apartment. I haven't paid rent last month of August. I got a letter twice from apartment's management office for renewal lease option last June and last July after my lease expired. I haven't send renewal notice yet. I was told that they got my renewed lease. I told them I never send it yet. They kept going to set up rent payment for me to pay online or rent check. I was told to pay rent from last month of August and this month of Sept. My question is, do I have to pay rent without a lease?
Your lease, that you signed, likely stated that should you not renew before the lease expired, that your tenancy would become month-to-month. The agreement you signed is legally binding; you still owe rent at the agreed upon amount (you staying there implies that you agreed on that amount), paid as described in the lease.

Of course, you don't have to pay rent so long as you are comfortable with potentially having an eviction on your record.

Note: if your sons are school aged, it can be particularly inconvenient and disruptive to become homeless couch surfers in the middle of the school year - property owners dislike taking a chance on people with an eviction for nonpayment of rent. It is legal for property owners to discriminate against a housing applicants based on their eviction record.
 

FarmerJ

Senior Member
Every thing in your original lease is still valid, meaning if you no longer want to live there then you must give to the LL proper notice according to the terms of the original lease , If original lease said you cant have cats or dogs with out consent , that term did not change, If the lease forbade you to have a clothes washer & dryer in your unit because the LL either had coin machines or did not have a laundry area at all , then that part of the lease has not changed, the only thing that has changed is you have become a month to month tenant and that means the original length of your old lease cant be enforced any more. SO yes you owe rent and if you take too long to pay the LL ALL rent now owed and if lease calls for late fees those too or you risk becoming one of those applicants who will not be able to find nicer places to live if there is a court ordered eviction filed with all your names on it.. ( I say that because most landlords and that includes when I had rentals didn't give a rats behind as to why a LL had to take a tenant to court , the idea is if one landlord has had to take tenant to court to get them out its entirely possible that history could repeat it self and they wont want to take the chance and deny the tenants application. SO what happens is that landlords who have property in some real craphole hoods will be the only ones who will take a chance on that applicant who has a recent unlawful detainer history.
 

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