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I live in NYC and rent an apartment from a 3 family house…

Customer Question
Hello, i live in...

Hello, i live in NYC and rent an apartment from a 3 family house (top floor) my lease ends in june 2018. my landlord send me copies of the lease in October after asking for months about it. do i have until October 2018? also i went through a realtor when i moved in, i asked the realtor that i needed something longer then a year she told me not to worrry that the landlord likes people that want to stay longer. now new people moved in and keep complaining about noises, walking and my children and the landlord is saying she's not renewing my lease. the people that lived downstairs before never once complained about us. what should i do.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Nyc

Lawyer's Assistant: Has any paperwork been filed?

Only a one year lease that i got copies for in october 2017, i moved in June 2017

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

Noo

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 16 minutes by:
3/13/2018
Real Estate Lawyer: Olivia Kent,
 replied 4 months ago
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,079
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
.
Give me just a moment to review what you've written.

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Real Estate Lawyer: Olivia Kent,
 replied 4 months ago

If your lease ends in June 2018 then you have until June 2018 -not October 2018.

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Real Estate Lawyer: Olivia Kent,
 replied 4 months ago

You wouldn't be able to force your landlord to renew your lease if for noise reasons he or she chooses not to. I'm sorry.

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Customer reply replied 4 months ago
even if i was told by my realtor that it would be longer then a year
Customer reply replied 4 months ago
even if they was no noise complaints before the new people moved in
Real Estate Lawyer: Olivia Kent,
 replied 4 months ago

Yes, because your realtor can't force the owner to rent to you for more than the term of your lease. An owner can simply choose that they don't want to renew your lease.

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Customer reply replied 4 months ago
Would my landlord have to give me something in writing saying they don't want to renew ?
Real Estate Lawyer: Olivia Kent,
 replied 4 months ago

Hang on just a second... I'm finding some information that is helpful to you:

"For non-rent regulated apartments, the landlord must agree to renew the lease and a tenant may be subject to eviction at the end of the lease term." https://ag.ny.gov/sites/default/files/tenants_rights.pdf

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Real Estate Lawyer: Olivia Kent,
 replied 4 months ago

This is a private home so I need to see if there is different information for a private home.

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Customer reply replied 4 months ago
ok
Real Estate Lawyer: Olivia Kent,
 replied 4 months ago

This is what I can find: "Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed to terminate a lease with a definite term, outside of NYC. (N.Y. RPL §§ 232-b)"https://www.landlordology.com/new-york-landlord-tenant-laws/ - but that doesn't tell me what the term is in new york or if it must definitely by renewed in NY. I want you to have more definitive information. let me opt out so that if someone else does have more definitive info they can provide it to you.

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Customer reply replied 4 months ago
okay thank i so much. i also need to know if i have a certain amount of days to move out after my lease ends.
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,611
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello, different expert here.. The law in NY applies to all dwellings equally regarding the termination of a fixed term lease. There is no required advance notice under NY law. Most landlords will give a courtesy notice 45-60 days out, just so the deadline doesn't sneak up on the tenant, but legally they don't have to.

.

That is the purpose of a fixed term lease... it starts on a set date and ends on a set date that the parties agrees to when the lease is signed.

.

So when the lease expires, if the parties haven't agreed to continue the tenancy, it simply ends and the tenant is expected to vacate and return the key son the last day of the lease. There is no "grace period" to move out and the landlord can file to evict as a holdover tenant the day after the lease expires if the tenant hasn't vacated.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 4 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

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