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When will the tenancy expire if the rental agreement does not state the time in this regard?

When will the tenancy expire if the rental agreement does not state the time in this regard?

Full question:

Recently I shifted to a rented house in New York. The rental agreement of this house does not state the time until which I can occupy the house. In such a situation, when will the tenancy expire?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: New York

Answer:

If the rental agreement does not specify the duration of the occupation, then the occupancy will expire on the first day of October that comes next after the tenant’s possession begins under the agreement.

NY CLS Real P § 232reads:

“An agreement for the occupation of real estate in the city of New York, which shall not particularly specify the duration of the occupation, shall be deemed to continue until the first day of October next after the possession commences under the agreement.”

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.

FAQs

How much time does a landlord have to give a tenant to move out New York?

In New York, the notice period a landlord must provide to a tenant before eviction depends on the reason for eviction. Generally, for non-payment of rent, a landlord must give a 14-day notice. For lease violations, a 10-day notice is required. For month-to-month tenancies, a landlord must give at least 30 days' notice. Always check the specific terms of your lease and consult local laws for any variations. *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.*

Can a landlord evict you without going to court in NY?

No, a landlord cannot evict a tenant without going through the court process in New York. Eviction must be legally justified and typically requires a court order. The landlord must file an eviction lawsuit, and only after a judgment can they proceed with eviction. Self-help evictions, such as changing locks or removing a tenant's belongings, are illegal. *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.*

How much notice does a tenant have to give in NYS?

In New York State, the notice a tenant must give to terminate a month-to-month lease is typically 30 days. For leases with a fixed term, tenants should check their lease agreement for specific notice requirements. It's important to provide written notice to the landlord, ensuring it complies with the terms outlined in the lease. *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.*

What if the apartment was not ready for occupancy on my move-in date?

If the apartment is not ready for occupancy on your scheduled move-in date, you should notify your landlord immediately. Depending on the lease terms, you may be entitled to a rent reduction or a delay in payment until the apartment is ready. If the delay is significant, you may have grounds to terminate the lease without penalty. Always review your lease and consult local laws for specific rights regarding uninhabitable conditions. *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.*

How long after signing a lease can you back out in New York?

In New York, once you sign a lease, you are generally bound by its terms. However, if you signed a lease for a residential property, you may have a three-day 'cooling-off' period to cancel it, provided you signed it away from the landlord's office. After this period, backing out typically requires mutual agreement with the landlord or a valid legal reason. Always check your lease for specific terms and consult legal advice if needed. *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.*