Q: I am a NY tenant with an auto-renewal lease. If I get it invalidated per NY GOB 5-903 does it revert to month-to-month?
My landlord failed to serve proper notice of the renewal, and is now trying to raise rent at the last minute even though the contract has already renewed under the same terms. If I invalidate the contract per NY GOB 5-903, am I still protected from eviction for the full year term, or does it revert to month-to-month as completely invalid?
A: Depends on whether the notice was a requirement of the auto-renewal, but that said if a lease expires the general rule is that it becomes a month to month tenancy. The change in the amount of rent, if not part of the lease, would be an offer for a new lease and the existing lease would turn into the month to month. More details are needed however to give you a proper analysis.
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