Full question:
Our lease expired on 8/1/07. My understanding is of New York state law is that after 8/1/08, we would be month-to-month. We would then only be required to give thirty days notice. I sent the landlord formal notice on 9/1/07 that we would be moving out by October 1st. He has sent us a notice saying he would not return the security deposit because we failed to give 45 days notice as indicated in the lease. However, the lease expired 8/1/07. Can he enforce terms of the lease when it was expired?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: New York
Answer:
In New York, once a lease expires, the tenant may become a month-to-month tenant. If your lease ended on 8/1/07 and you continued to stay, you would be considered a month-to-month tenant after that date. Under New York law, you are required to give only thirty days' notice to terminate a month-to-month tenancy (N.Y. Real Prop. § 232-a).
Regarding the landlord's claim for a 45-day notice based on the expired lease, he cannot enforce those terms after the lease has expired. Once the lease is no longer in effect, the terms of the lease, including notice periods, do not apply unless a new agreement is made.
If you provided notice on 9/1/07 to move out by October 1st, you fulfilled the requirement for a thirty-day notice. Therefore, the landlord should return your security deposit unless there are other valid reasons for withholding it.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.