Q: I rented an apartment for a year, but continued living there afterward without renewing the lease. What are the respective responsibilities?

A: Many rental leases stipulate that the lease is renewed automatically at the termination date or carries on as a month-by-month lease, sometimes at a slightly increased cost. Whatever was stipulated is binding. Similarly, in some places the common practice is that the lease renews automatically with the same conditions (C.M. and Taz 312:14; Sma 312:20).

If there is no stipulation or common practice, some say that either party can terminate the rental henceforth at any point without giving notice, whereas others consider it now a rental without a time frame, which requires at least 30 days’ notice (Meiri, B.M. 101b; Aruch Hashulchan 312:24).

If one party stated his intent to extend the rental when the lease terminated and the other party was silent, and the tenant remained a short time, it is questionable whether the silence reflects tacit agreement to extend and now requires giving notice (Kesef Kodashim 312:8).