Continued Tenancy Without a Contract
Question
Greetings! I signed a one-year rental contract. After a year, both the landlord and I wanted to continue. The landlord recalls telling me that she wanted to renew the contract and I agreed, but I do not remember agreeing to renew the contract. Thus, we continued the tenancy with my paying every month without a contract. After half a year, the apartment was no longer suitable to live in due to insects, mold and neighbors' construction noise, etc. Therefore, I claimed to the landlord that I am not obligated to pay since there is no contract. But she argues that there was a contract because she told me to make one even though we didn't. I wanted to ask what is the law? (It should be noted that in the previous contract it was written that we have to notify two months in advance if we want to leave. The question is whether this is also valid without a contract, and whether I’m bound by the other things that were written there, such as finding new tenants etc.) Or do I not need to notify at all since there was no contract on my part?
Answer
Greetings!
In general, the contract continues as it was, unless it was understood that now it is already a tenancy without a contract.
Source
See Shulchan Aruch, section Choshen Mishpat, chapter 333, paragraph 8