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

Answers:

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.


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