Legal Question in Landlord & Tenant Law in New York

Breaking a month to month lease

We have been living in our apartment for going on 5 years now. We signed a 1 year lease when we first moved which became a month to month lease thereafter. In the original lease the landlord put a clause that tenants can not move out between the months of November and March. Can this be enforced on a month to month lease? If yes, doesn't that make it a 5 month lease, instead of a month to month lease? We are in the process of buying a house and don't want to get stuck paying on this lease. Also, our landlord has been negligent in repairing our ailing appliances. Could this be used to get us out of our lease? Thanks!


Asked on 11/29/06, 12:00 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Breaking a month to month lease

I do not believe these provisions could apply to a month to month lease.

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Answered on 11/29/06, 6:23 am


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