US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
I don't want to specify the duration of tenancy. In this case, when will the tenancy expire?

I don't want to specify the duration of tenancy. In this case, when will the tenancy expire?

Full question:

I am soon going to rent my house in New York and have decided not to specify the duration for which the tenant will occupy the house. In such a situation, when will the tenancy expire?

Category: Landlord Tenant
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

What is considered not move-in ready?

An apartment is considered not move-in ready if it has significant issues that affect livability. This can include lack of essential utilities like water or electricity, unsafe conditions such as exposed wiring, or unaddressed repairs like broken windows or plumbing leaks. If the apartment fails to meet basic health and safety standards, it is not ready for occupancy.

What is the new tenant law in NY?

New tenant laws in New York can vary, but recent changes focus on tenant protections, including limits on security deposits and restrictions on eviction processes. For example, landlords must provide specific notice before initiating eviction proceedings. It's important to stay updated on local laws, as they can change frequently.

What if my apartment isn't ready by the move-in date?

If your apartment isn't ready by the agreed move-in date, you should contact your landlord to address the issue. Depending on the lease terms, you may have the right to delay your move or seek compensation for any inconvenience. If the situation is severe, you might consider legal options. Always document communications regarding the issue.

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

If the apartment is not ready for occupancy on your move-in date, you may have grounds to negotiate with your landlord for a delayed move or compensation. New York law requires landlords to provide habitable living conditions, so if the apartment fails to meet this standard, you may have legal recourse. Always check your lease for specific terms regarding readiness.

How long can a tenant stay after the lease expires in New York?

In New York, if a tenant remains in the property after the lease expires without a new agreement, they may be considered a 'holdover' tenant. Generally, the landlord can begin eviction proceedings, but the tenant may stay until the eviction process is completed. The specifics can vary based on local laws and the terms of the lease.

What happens if a tenant stays after a lease expires?

If a tenant stays after the lease expires, they may be classified as a holdover tenant. The landlord can initiate eviction proceedings to remove them from the property. However, if the landlord accepts rent after the lease ends, it may create a new tenancy, which could complicate the eviction process. Always consult local laws for specific procedures.