Legal Question in Landlord & Tenant Law in New York
Landlords Lease
If a landlords lease of 1 year requires the tenant to maintain the yardwork and snow removal, is that tenant still responsible after the lease has expired? And, if the tenant refuses (due to foot problems), is that grounds for eviction? Also, is it legal for the landlord to expect the tenant to pay for a lawncare service?
2 Answers from Attorneys
Re: Landlords Lease
Despite the fact that the lease has expired, the terms of the lease are still in effect. Everything the landlord was required to perform is still required and the same is true for you. The only change is the length of time of the lease. Either party may now terminate the lease or change the terms of the lease at the beginning of the month with 30 days notice. The second part of your question is whether you are excused or forgiven your duty to maintain the outside areas (yardwork/snow removal) if you becaome physically unable to to the work yourself. Most lawyers will answer that if you cannot do it yourself, you are obligated to hire someone to do it or pay a resonable fee to have it done. This is not 100% sure, few things are in law, but it is a 90% answer. There are certain circumstances where you would not have a legal obligation to maintain the outside area. HOWEVER, this is unlikely to be grounds for eviction.
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Re: Landlords Lease
You and your landlord were free to agree/negotiate terms of the lease including lawn care. If you agreed to pay for it..."it's legal." Even though your lease has expired, since you have not vacated, the terms of the lease continue on a month to month basis. So, yes you could be evicted if you violate the terms of the lease. Now might be good time to negotiate new written lease with different terms if you plan on staying. If you decide to vacate, you need to give 30 days notice.
Debra Palazzo 914 961-7800
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