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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Exclamation Want to Stay 1 Month Past Lease, Landlord Wants Us Out in 11 Days or to Stay 2 Months

    My question involves landlord-tenant law in the State of: New York, in New York City (Queens).

    My lease was signed on July 1, 2010, so it is due to expire on June 30th. My roommate and I had planned on renewing the lease, but now she has determined that due to scheduling changes she will need to move to a different neighborhood by August 1st. I am hoping to either find a new place with her, or find a new roommate to take her place. Either way it will take more than 11 days to figure that out.

    I called our landlord this morning to advise him that we may need to move out at the end of July. Previously we spoke nothing with the landlord about staying (and renewing the lease) or leaving, nor did he advise us of anything. This morning he said we could stay and just pay month to month and move out at the end of July. Then he called back to say that he didn't like that option and that we should either move out at the end of the lease (ie: 11 days from now) or that we had to stay until the end of August. After arguing he said to just figure out what we could do, whatever that means.

    There is nothing stated in our lease about requirement to give a certain amount of notice. What notice are we required (or would he be required) to give before moving out?

    Someone told me that in New York a tenant is entitled to 30 days after the end of a lease to leave the apartment, but I can't remember who told me and I'd like to know where this came from.

    I know I can figure out my living situation in a month, but definitely not in the next 11 days. Please help!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,950

    Default Re: Want to Stay 1 Month Past Lease, Landlord Wants Us Out in 11 Days or to Stay 2 Mo

    Someone told me that in New York a tenant is entitled to 30 days after the end of a lease to leave the apartment, but I can't remember who told me and I'd like to know where this came from.
    This is incorrect.

    If you fail to renew your lease, you need to be out at the end of the lease term. The landlord MAY allow you to hold over (remain in the apartment as a month to month tenant), but he has no legal obligation to do so.

    If you do not accept the landlord's terms for holding over and fail to vacate the unit by the end of the lease term, your landlord may initiate formal eviction proceedings against you.
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