Brentwood, NY asked in Landlord - Tenant for New York

Q: Which is better a lease or month to month rental agreement?

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Neither a lease or month-to-month rental agreement are "better" than the other.... They are both means of renting that carry different pros and cons. A lease assures both the landlord and tenant are obligated to each other for a specified period of time at a certain rental rate. This can be good for both or bad depending on their circumstances. For example, a tenant may get an unexpected work relocation that requires a move before an expiration of the lease and remain obligated to the landlord for rent even beyond the term the apartment is actually occupied. On the other hand, with a month-to-month agreement either party can end the relationship on a month's notice. This could be good or bad depending on the parties circumstances.... In the previous example, a tenant could terminate the tenancy and not be responsible for the unexpired term of a fixed term lease but could also be asked to move unexpectedly sooner than hoped because the landlord made other plans for the property.

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