TGIF! We’ve got a new “column” today, courtesy of my friend Sian Pierre, who suggested my followers on Instagram could ask specific questions since I’m SUCH an expert now. So here’s today’s question:
“What happens if my landlord doesn’t provide me with a new lease or I don’t sign the renewal provided? Do I have to move out?”
The Low Down
If your lease lapses and you continue to pay rent (and your landlord accepts it), you are technically now a month-to-month tenant. Each time you pay rent it essentially renews your agreement another month.
Prior to the 2019 rent laws, a landlord could end the agreement with 30 days notice: he provides notice in writing on May 1st and you’ll be out by June 1st. But now this notice requirement increases with how long you’ve lived in the apartment. If it’s been under a year, 30 days notice is still allowed. After a year it increases to 60 days, and upwards of 2 years it’s 90 days. A tenant, however, can cancel the arrangement with no notice at all (although at least 30 days is standard courtesy).
As a landlord you also need to provide the same amount of notice if you are raising someone’s rent more than 5%. A free market lease can increase year over year without limitation, but large increases require the same notice as the non-renewal of a lease. And this must be presented in writing, not just over the phone or face to face.
One caveat: if you are in a rent stabilized or rent controlled apartment, you cannot be asked to leave and your lease cannot be canceled, regardless of whether you have a current lease.
The Final Word
So what do you guys think? If you want to ask me whatever your hearts desire (not literally anything…don’t be creepy) head to my Instagram @annaklenkar. Now go outside and hug a dog (or at the very least get that poor dog out of that box!).