The difference between a year-to-year lease and a month-to-month lease is exactly what you are talking about. If you have a monthly lease, you can terminate the lease without penalty by telling the landlord a month`s full rent that you are going to move. On the other hand, if you have a full year of leasing, you don`t have that option. This tenant restriction works both ways, as the annual tenancy agreement also does not allow your landlord to increase the rent until the year is, instead of giving you the same one-month termination on a rent increase. It is very common for landlords to harass tenants if they want them to move so that they can charge a new tenant a higher rent. Even if you have an oral lease, you still have rights. Harassment of tenants is illegal. NYC residents know that there are many ways to rent an apartment or a house. While most people have a written lease, this is not always the case. Sometimes owners use more informal methods, such as.B.
an oral agreement. Does a landlord really have the legal right to make you responsible for paying an annual rent if you have never entered into a rental agreement? It still depends on the situation, but if you have orally agreed to a one-year lease, you cannot leave until the end of the year without risking to pay damages for the lease, as if it were written. Tenants` lawyer Sam Himmelstein says an oral agreement remains a binding agreement. Depending on your specific circumstances, your landlord should not simply increase their rent. But it is important to know how the law applies to your situation. However, in this market, you cannot always expect a new tenant to be available. Keep in mind that if you have problems in fulfilling your oral leasing obligations, you may have legal rights. Talk to an experienced lawyer today to determine your rights and the best way for you to proceed. What options do you have if you don`t have a written lease? Does your landlord have the freedom to change the terms of your tenancy agreement, including rent, at any time? There is a small “out” that could be helpful: if you move before the lease, the landlord cannot simply leave the place empty and expect you to pay the full rent, how many months remain in the lease. The landlord must make a reasonable attempt to find a new tenant and every rent paid by a new tenant during the remaining time of your tenancy agreement will be deducted from what you owe. The city offers free legal advice to tenants who are about to be evacuated – call 311 or click here for more information. You can also hire a lawyer to represent you in the apartment court if your landlord harasses you or threatens to pay the costs.
It is a complex subject, especially if you have an oral agreement, and having a lawyer by your side is an advantage. New York law does not restrict an owner`s right of entry. As such, owners are technically free to enter if they wish without notice. However, most landlords and tenants establish a reporting obligation in the tenancy agreement.