South Pasadena, CA asked in Contracts for California

Q: What could be a condition for the end of a standard lease becoming an implied lease?

In new york city. Upper West Side, not a rent controlled building.

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1 Lawyer Answer

A: New York probably has different laws than California. I have never heard of an "implied lease." A contract on leased or rented real property specifies either that it is a month-to-month rental, or a lease for a specific term (e.g. one year). Some contracts state that a one year lease will be automatically renewed unless one party gives notice before the end of the year. Other leases specify that when a lease ends, the landlord or the tenant has the option to renew the lease, or turn the lease into a month-to-month tenancy. An "implied lease" can only exist if the wording of the rental document is so confusing and/or ambiguous that a judge would have to determine if there is a lease or not. Good Luck.

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