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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 44550
Experience:  17 years real estate, Realtor. Landlord 26 years
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If you had a lease with a landlord that expired and they

Customer Question

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?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: New York
JA: Has any paperwork been filed?
Customer: Just the previously expired lease
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

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.

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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.

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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.

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thanks

Barrister

Expert:  Barrister replied 10 months ago.

Hello again,

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

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Did you have any further questions I can help with?

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Thanks much

Barrister