Can a lease be considered renewed if a rent check has been accepted/cashed but a new lease hasn't been signed?

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The year long lease on my apartment was up and the landlord did not send me a new lease to sign, though they verbally told me they would send me a new copy to sign soon. The new lease was never sent out but they still accepted and cashed the rent check for what would be the first month of a new 12 month lease. Can that be considered as an agreement to extend my tenancy? Does them accepting my rent give me the same tenant rights as I had before?

Attorney Answers

3
Robert Sokolski ·
If your apartment is rent stabilized, the lack of a renewal lease does not affect any of your rights - the only difference is that the landlord will not be able to collect a rent increase until and unless the lease is renewed. If you have a free market apartment, the landlord's acceptance of rent creates a month-to-month tenancy pursuant to Real Property Law §232-c which is set forth below: Real Property Law § 232-c. Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent Where a tenant whose term is longer than one month holds over after the expiration of such term, such holding over shall not give to the landlord the option to hold the tenant for a new term solely by virtue of the tenant's holding over. In the case of such a holding over by the tenant, the landlord may proceed, in any manner permitted by law, to remove the tenant, or, if the landlord shall accept rent for any period subsequent to the expiration of such term, then, unless an agreement either express or implied is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of such term.
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Steven Smollens ·
Dear New York Tenant: Your statement suggests that your tenancy is not protected by the Rent Stabilization Law , as otherwise you may have inquired what affect the landlord's failure to make a timely offer of renewal lease would have on your tenancy. Your lease should describe your status when remaining in the apartment after the expiration of the lease. The typical residential lease will provide that your obligation is to move out at the end of the lease term. You did not move out, the landlord promised a new lease, and you paid one month rent after the lease. New York law "prevents" in this circumstance a new lease for one year. The applicable New York statute converts the "holding over" to a periodic month to month tenancy, as long as the landlord accepts the rent after the lease expired as happened to you. If you are offered a new lease, do not be surprised that the lease is backdated or the rent (if increased) covers a period where you already paid rent after the lease. The landlord in a free market tenancy is not mandated by law to extend the lease or to offer a renewal of a lease, and so, if a new lease is offered, the landlord may do so on its own terms. But right now you do not have a one year extension. Your new status of month to month tenant is derived from a law, and the terms and conditions of your last lease "project" into your month to month tenancy. Here is the month to month statute: ">>>Where a tenant whose term is longer than one month holds over after the expiration of such term, such holding over shall not give to the landlord the option to hold the tenant for a new term solely by virtue of the tenant's holding over. In the case of such a holding over by the tenant, the landlord may proceed, in any manner permitted by law, to remove the tenant, or, if the landlord shall accept rent for any period subsequent to the expiration of such term, then, unless an agreement either express or implied is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of such term. >>>" See more at: http://codes.lp.findlaw.com/nycode/RPP/7/232-c#...
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