Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

If you had a lease with a landlord that expired and they…

Customer Question
If you had a...

If you had a lease with a landlord that expired and they email you and ask you if you want to continue your lease and you respond yes, is this binding or can it be broken by either party?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New York

Lawyer's Assistant: Has any paperwork been filed?

Just the previously expired lease

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have moved out and informed my landlord that I would be doing so in November. They think that I am liable for the rest of the "lease" although we do not have a formal lease. I am trying to find out if this is true.

Submitted: 6 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
1/9/2018
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,576
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

With nothing further signed, if the landlord accepts rent for the next month, then that would create a month to month tenancy under the same terms and conditions as the original lease with the exception that either party can terminate the tenancy with a 30 day notice.

.

So if there is no written renewal of the lease, the most you could be held liable for is one month unless you vacated immediately at the end of the lease term and notified the landlord of this. Then you just complied with the terms of your written lease... i.e. you vacated on the last day of the lease term.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,576
42,576 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

42,576 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
We live in Florida and entered into a rental agreement on
We live in Florida and entered into a rental agreement on June 11 2015-June 12 2016. We fulfilled the lease terms and continue to rent month-to-month with oral agreement with the landlord. In November… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,599 satisfied customers
I have an additional question I didn't ask previously. Is
I have an additional question I didn't ask previously. Is there any special defense that can be made in response to a notice to quit for lapse of time?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hi There! I have a property management question. If a Landlord
Hi There! I have a property management question. If a Landlord has a tenant (we'll call her Jane Doe) who agrees to add a sibling (Cheater Johnny) to the lease, then they (the primary, Jane Die) tenan… read more
Barrister
Barrister
Lawyer
Doctoral Degree
42,576 satisfied customers
The lease for our townhouse expires end of November, 2013.
The lease for our townhouse expires end of November, 2013. On June 27, the landlord sent a letter saying we could get money off if we renewed the lease within the next three day. We had an option of r… read more
Barrister
Barrister
Lawyer
Doctoral Degree
42,576 satisfied customers
I co-signed a lease for my son in November 2009 which expired
I co-signed a lease for my son in November 2009 which expired in July 2010. He continued to rent after the lease expired, but was then evicted almost a year later. There were damages to the apartment … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Does NY have a mandatory 30 day written notice on a month to
Does NY have a mandatory 30 day written notice on a month to month tenancy law for Tenants moving out of a property with no lease?… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I have been in a building for 20 years renting without a lease.
I have been in a building for 20 years renting without a lease. My studio apartment is now being turned back into the original railroad apartment. The rent is going up drastically which I can not affo… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Heres a doozy. Lets say you have a 2 year lease but decide
Here's a doozy. Lets say you have a 2 year lease but decide you only want to sign for one year. So the landlord tells you to go ahead and fill out the move in and out dates on the 2 year contract so y… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Im renting a house now...signed for one year lease in Sept
Im renting a house now...signed for one year lease in Sept 2010...I thought it was a little too early because the original lease did not expire till Oct 31, 2010...I told the land..lord in October tha… read more
Barrister
Barrister
Lawyer
Doctoral Degree
42,576 satisfied customers
We rented out our apartment with a one year lease that expired
We rented out our apartment with a one year lease that expired and was not renewed, so we went month to month for 10 more months. Our tenant decided 10 day before the end of the month that he was leav… read more
Barrister
Barrister
Lawyer
Doctoral Degree
42,576 satisfied customers
I am currently living in an apartment. We re-signed a lease
I am currently living in an apartment. We re-signed a lease that began December 1st, 2009 and expired August 31st, 2010. We have been paying rent and consider ourselves to be tenants at will. We have … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I dont have a legal lease after my one year lease expired on 8/31/201
I don't have a legal lease after my one year lease expired on 8/31/2010. Today (11/23) I got a formal email from my landlord to vacate the unit by Dec 23, 2010 and I cannot move because of the holiday… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I gave my property manager a written 30 Day notice to move
I gave my property manager a written 30 Day notice to move out of the residence on October 23rd. I waited to hear from them on what I owed for my prorated rent for November 1 up to November 22nd. On N… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I live in Pennsylvania and I have given my landlord a 30-days
I live in Pennsylvania and I have given my landlord a 30-days notice of moving out of an apartment on or before November 1st. This notice was mailed via certified mail to confirm the 30-day requiremen… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am a Texas (travis county) tenant who did not sign my next
I am a Texas (travis county) tenant who did not sign my next year's lease amendment. In my original lease, the contract states "This Lease contract will automatically renew month-to-month unless eithe… read more
mclemorelawyer
mclemorelawyer
Doctoral Degree
4 satisfied customers
Hello, my family was just on KSAT12 news about renting a home
Hello, my family was just on KSAT12 news about renting a home that is going to be foreclosed. The county filed the home to be foreclosed 2 days after we signed the lease. The owner is also late on tax… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
My lease is up Aug. 31, 2009. I fell on the stairs in this
My lease is up Aug. 31, 2009. I fell on the stairs in this building about a year ago and hurt my back. At that time, I told my landlord, and I said I needed to move to a building where I didn't have a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I entered a 1 year lease (commercial property) beginning ...
I entered a 1 year lease (commercial property) beginning 9/15/2006 with a month to month after the first year with 90 days notice requirement. On 6/15/2008 I gave the landlord written notice of my lea… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x