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lease terms

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GA456

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

We are passed our 60 day notification period for our lease term. There is no automatic renewal clause on the lease except: "Acceptance of the rent after the expiration of that term shall be considered a renewal for the term of one month only and for successive periods of one month only unless otherwise agreed to in writing." I thought that our landlord is also responsible to contact his tenants before the 60-day notification period to inform them of that in fact (which he has not done)? Are we then able to a) make another arrangement with our landlord to renew our lease for a term longer than month-to-month, or b) move out at the end of the lease term without any liability or obligation to the landlord BESIDES the loss of our security deposit? If we were to renew our rental agreement with our landlord, is he able to increase the amount that we pay for rent as determined on our current lease?

Also, the last clause on the lease states that there are other riders that we should be aware of and have signed: Move-in/Move-out inspection sheet, smoke detector notice, drug use, and the lead based paint rider--all of which were never given to us to sign. I am not positive but I'm pretty sure in New York State that failure to provide just the lead-based paint rider is an automatic void to our current lease. If our landlord ever gave us a hassle about moving out at the end of our term, can that be used to re-negotiate a new lease (if he agrees) or get back our security deposit if we move out?

He hasn't made any effort to let us know that he will re-let the space, meaning we haven't gotten notification from him that he would like to show it to possible new tenants, he hasn't called to ask us. If he accepts rent after our lease term, and decides that the following month he wants new tenants, does he have to give us 30 or 60 days to move?

Thank you.
 


GA456

Junior Member
Is his word if he has no proof? We didn't sign any of those riders which are required in my state. I've signed these documents with previous landlords for my old residences.

The lease says we are only month to month if he accepts rent (if we decide to pay it) after the lease agreement ends. It doesn't end until the 31st of May. So if we are out by that time, we are not bound by any other obligation other than the loss of our security deposit?

Thank you for providing that resource. /i've gone through it and get the basics. I just wanted to see if I had any other options legally.
 
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BL

Senior Member
If your rent is equal to one months rent , correct you will forfeit it .

Perhaps the LL would be willing to amend that notice to 30 days , as would be subsequent month to month . If so , get it it writing ,dated ,and signed .

If there are additional damages , the landlord can file suite , and you can defend yourself .

Clean a take pictures .

I'm aware that LL's usually have a tenant sign a lead discloser form that states you were given the pamphlet. I don't know if they have to have you sign one by law .
 

Alaska landlord

Senior Member
If our landlord ever gave us a hassle about moving out at the end of our term, can that be used to re-negotiate a new lease (if he agrees) or get back our security deposit if we move out?
You don't get a lead phamplet if the building was constructed after 1978. Also any attempt to blackmail the landlord would probably seal your fate to a non-renewal. Whether you are on a lease or a M2M renter, you still have to give notice.
 
Also, the last clause on the lease states that there are other riders that we should be aware of and have signed: Move-in/Move-out inspection sheet, smoke detector notice, drug use, and the lead based paint rider--all of which were never given to us to sign.
If you never received or signed for any of these, why did you sign the lease and agree to that clause that says you did??? Your own signature says you received and signed them.
 

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