If I have a month-to-month lease that was first signed3 years ago,is that lease still valid?

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If I have a month-to-month lease that was first signed3 years ago,is that lease still valid?

There is a clause in the lease that states if we don’t terminate the lease that it automatically renews, is this legal. And if so how long is that valid for or is it only valid if we were to sign a new lease?

Asked on December 12, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, it seems as though you are on a month-to-month lease that was signed 3 years ago and you are still in possession, your lease continues to be renewed each month and will continue to do so so long as neither you or your landlord do not terminate it.

The automatic renewal provision in your lease is valid. Your own conduct (as well as the landlord's) in allowing you to remain in the unit on the month-to-month lease is evidence in and of itself that you have a valid lease. You do not need to sign a new lease.


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