Legal Question in Landlord & Tenant Law in New York
re renewal lease in a rent stabilized building in Brooklyn, NY
I didn't sign a renewal lease but moved out 2 months after my lease expired and paid for these 2 months a new rent amount.
Is there a law stating that by staying 2 extra months I entered into a 1 year lease automatically and owe my landlord for the months he didn't find a new tenant?
Sincerely
1 Answer from Attorneys
Re: re renewal lease in a rent stabilized building in Brooklyn, NY
A simple question - right out of 'Property Law 1'.
The law in NY is: if you overstay your lease without signing a new lease, then you are on a month-to-month lease which may be terminated by either party (landlord or tenant) with 30 days notice.
The change in rent raises questions, but if he sent you a renewal offer at the new rent, then I would not argue with the new monthly amount. It may not be the proper amount, but it is not an issue I would recommend litigating. You may be in the right, but it is less than 50% a judge would want to make any 'changes' in what has already been paid.
Good luck at your new place, and feel free to ask any more questions directly to me.
Andrew Nitzberg
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