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Say I have a lease for an apartment in New York (not NYC). Say I have rented for more than two years. According to ny.gov site:

landlord must provide you with 90 days advanced written notice before raising rent or not renewing lease.

Say my lease ends end of July. It is end of June, and I have not been given a new lease to sign.

What obligations does the landlord have? What are my rights regarding tenancy? Specifically, if I just send monthly check, am I now month to month immediately? How does 90 days advanced written notice come into play?

e.g. Could in September they just give notice to vacate, immediately; or 90 days always in force? Any order to vacate must include 90 day notice first?

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  • Get a hold of your landlord and talk like adults because as of now it sounds like you're trying to do something shady and it will not end well for you. People forget things, paperwork gets lost in the shuffle, and human error is normal so if you're trying to benefit off of some lapse then you're the bad actor.
    – MonkeyZeus
    Commented Jul 6, 2023 at 15:04
  • @MonkeyZeus Don't trust landlord.
    – paulj
    Commented Jul 6, 2023 at 19:05

1 Answer 1

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I pulled this information from the New York state Residential Tenants’ Rights Guide

For non-rent regulated apartments, the landlord does not have to renew the lease.

First of all check to see if there is an automatic renewal clause:

A lease may contain an automatic renewal clause. In such case, the landlord must give the tenant advanced notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease.

So check to see when you have to notify the landlord that you want to stay. Also see if it extends for another year, or it changes to month-to-month.

If the landlord of the non-regulated unit intends to renew the lease with a rent increase of more than 5%, or does not intend to renew the lease, they must provide advanced written notice:

• If you have lived in your apartment two or more years, or if you have a two-year lease, your landlord must provide you with 90 days advanced written notice before raising your rent or not renewing your lease;

You need to read the lease, and ask the landlord questions if the lease is unclear.

Specifically, if I just send monthly check, am I now month to month immediately? How does 90 days advanced written notice come into play?

You are only month-to-month if that is what you agreed to.

A month-to-month tenancy may be terminated by either party. If the landlord plans to terminate, they must give notice on the same timeline as terminating non-regulated leases (as described on the previous page). Outside of New York City, the tenant must give one month’s notice to terminate the tenancy.

So that means once you are month-to-month, they have to give you 90 days notice because you have been there more than 2 years.

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