New York Extension of Primary Term of the Lease

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US-OG-793
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

New York Extension of Primary Term of the Lease: A Detailed Description Keywords: New York, extension, primary term, lease, types Introduction: In the state of New York, the Extension of Primary Term of the Lease refers to the process by which a lease agreement's original term is prolonged beyond its initial expiration date. This allows tenants and landlords to continue their tenancy under the existing lease conditions, providing stability and peace of mind for both parties involved. There are several types of extensions available in New York, each catering to different circumstances and requirements. Let's delve deeper into the specifics and explore the various types of extensions in detail. 1. Automatic Renewal: Some lease agreements contain an automatic renewal clause, which activates the extension of the primary term without explicit action from either the tenant or landlord. This clause is typically included in long-term leases and ensures that the lease is automatically extended for a specific duration, often equal to the initial term. However, it's crucial to review the lease terms thoroughly to determine whether an automatic renewal applies in a particular case. 2. Formal Written Request: Certain leases require tenants who wish to extend the primary term to submit a formal written request to their landlord within a designated time frame. These requests typically outline the desired extension duration, any proposed modifications to the original lease terms, and may be subject to the landlord's approval. It is essential to adhere to the specified deadlines to avoid the risk of automatic lease termination. 3. Negotiated Extension: In situations where neither an automatic renewal nor a formal written request clause exists, tenants and landlords can negotiate an extension before the lease's primary term expires. This type of extension involves open communication between both parties to discuss the terms and conditions of the new lease duration. Negotiating an extension provides an opportunity to address any changes required and clarify expectations for the extended term. 4. Month-to-Month Extension: Under specific circumstances, tenants may opt for a month-to-month extension where the lease transitions into a more flexible month-to-month agreement. This type of extension allows tenants to continue occupying the premises, but with the freedom to terminate the lease on shorter notice. However, landlords may choose to increase the rent during this period, subject to agreement between both parties. 5. Open-Ended Extension: In exceptional cases, tenants and landlords may agree to an open-ended extension. This unique arrangement allows the lease to continue indefinitely, with no fixed end date. While open-ended extensions offer flexibility, it is important to establish clear terms and conditions for the lease during periodic reviews to ensure the ongoing suitability for both parties. Conclusion: In summary, the New York Extension of Primary Term of the Lease provides tenants and landlords with various options to extend their lease agreements beyond the original term. Whether through automatic renewal clauses, formal written requests, negotiated extensions, month-to-month arrangements, or open-ended agreements, the goal is to enable a continued and mutually beneficial tenancy experience. It is vital for both parties to thoroughly review the lease agreement and consider their individual requirements before deciding upon the most suitable type of extension.

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FAQ

Except for rent regulated apartments, a tenant may only renew the lease with the consent of the landlord.

A lease extension refers to a legal agreement that extends the term of an existing lease or rental agreement. Extensions are not a requirement in a business relationship but are often granted just before an original agreement is set to expire.

Tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts a rent payment (Real Property Law § 232-c). A month-to-month tenancy may be terminated by either party.

Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.

All holdover tenants are given a written notice to vacate. The landlord must serve this written notice on the tenant at least 14 days before the eviction date, which is also listed in your notice. You must also state that if your tenant does not leave by that time.

If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings. If the tenant accepts the renewal offer, the landlord has 30 days to return the fully executed lease to the tenant.

The owner must give written notice of renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires. A failure of the tenant to respond within 60 days of the offering may lead to eviction proceedings.

If the tenant does not vacate after the expiration of the thirty days, the landlord's counsel can proceed with a holdover eviction action in the appropriate local forum. At this point, the parties, through their attorneys, may attempt to negotiate a resolution to the situation.

More info

A tenant should first contact the owner to obtain a lease. If the owner fails to provide a renewal lease, the tenant has a right to file a complaint with DHCR ... The lease extension should name the parties involved, the dates on which the extension begins and ends, and should reference the earlier agreement being ...The owner must give written notice of renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires. by ET SCHNEIDERMAN · Cited by 4 — The term of a sublease may extend beyond the term of the prime tenant's lease. ... Alternatively, rent regulated tenants can also file a rent reduction complaint ... Landlords are required to provide notice to tenants if they intend to raise rent more than five percent or if they do not intend to renew the lease. The ... Jul 25, 2023 — In New York City, the owner must give at least two copies of the completed renewal lease form by electronic means, mail, or personal delivery ... Oct 22, 2022 — Annual Extensions = year-to-year renewal of a competatively bid contract; Multi-Year Extensions = 2-5 year term contract/ extension that ... The parties hereto may elect to extend this Agreement upon such terms and conditions as may be agreed upon in writing and signed by the parties at the time of ... Dec 9, 2019 — One original copy of the lease agreement, Affidavit of Publication and copy of board resolution or voter authorization must be filed with the ... If you do not have a written lease, or your lease expired and you don't live in rent regulated housing, the landlord/owner may be able to go to court to evict ...

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New York Extension of Primary Term of the Lease