Legal Question in Real Estate Law in New York

If i had a lease that was a one year lease does it expire and can the landlord raise rent without a new lease


Asked on 2/28/14, 7:25 am

2 Answers from Attorneys

Kevin Connolly Kevin J. Connolly

Once the landlord accepts rent afyer the one-year term is up, you have a new lease by operation of law. A month to month lease. See Real Property Law Section 232-C. Landlord can kick you out, provided he gives a full (calendar) month's notice. Therefore he can raise the rent as long as he gives a full month's notice...unless the premises are rent stabilized. In that case, landlord was supposed to give you a renewal lease at no greater rent than the legally stabilized amount.

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Answered on 2/28/14, 10:23 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Kevin, unless the expired lease has a provision regarding a hold-over tenant (one whose lease has expired and has not signed a new one yet). Not having seen the original lease, I can only render a generic, non-specific, opinion.

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Answered on 2/28/14, 12:31 pm


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