Legal Question in Landlord & Tenant Law in New York

Office Lease - Month-to-Month Requirements

I have a small office and had a lease requiring me to obtain insurance for my space. That insurance has expired. After the lease expired I had verbally agreed to a new lease at a 10% increase. After numerous requests they have not given me that new lease. I continue to pay rent at the old rate. Am I obligated to obtain insurance under these circumstances as, I assume, I am merely a month-to-month tenant?


Asked on 12/10/03, 10:25 am

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Office Lease - Month-to-Month Requirements

This must be difficult for you. At least (as a commercial lease, it is office and not retail space. Losing a retail space is a disaster.)

What has happened is that (this is a legal fiction, but describes what has happened) you and your landlord have agreed to renew the old lease, but for only one month. Each month that the landlord does not give you 'demand to leave' indicates that the old lease will be renewed for another month.

You have no rights beyond one month, but within that month you have all of the rights you had under the lease. You have a 'month-to-month lease' under the terms of the old lease.

I recommend that you investigate alternative locations for your office. In addition, make sure that you retain the telephone number. That is important, and you don't want the landlord to 'sell' it back to you for some large amount of money. It would be unscrupulous for the landlord to behave this way, but it can happen.

There are other issues, and you are welcome to discuss them with me.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/12/03, 11:41 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Office Lease - Month-to-Month Requirements

If it was a term of the lease, it is effectively a term of your what is now a month-to-month agreement, so long as your landlord accepts rent.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/10/03, 10:44 am


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