If my landlord has sent me a lease renewal after my current lease has already expired and I want to move, do I have 90 days from when the new lease was sent?

My lease expired on the 7th. I never received a renewal, so I assumed we were moving to a month-to-month basis. They then sent me a lease renewal last week, effective the 8th of next month. I have not signed because I don’t want to be stuck in another 1 year lease. Do I have 90 days from the time the renewal was sent to move out or do I have to move out by the 8th?

Asked on July 31, 2012 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I order to ascertain the amount of time you have to move from the unit you have is that you need to carefully read the presumed written lease that you have in that it controls the obligations owed you by the landlord and vice versa.

The lease should set forth the move out period and notice requirements. If not, ordinarily notice of thirty (30) days is required. I suspect that under the law you may be on a month-to-month lease.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.