Lucas A. Ferrara in the New York Times Real Estate Section, LIVING IN AN APARTMENT MONTH TO MONTH, October 16, 2005.

Q. I just received a renewal in the mail to extend my lease for another year.  I have lived in this nonstabilized apartment for several years now, but am looking to buy an apartment in the next few months. My landlord refuses to allow me to become a month-to-month tenant under any circumstances.

If I continue to pay the rent on time, can I continue to lawfully live in my apartment without signing the lease renewal? ... Jenny Christianson, Manhattan.

A. Lucas A. Ferrara, a Manhattan real estate lawyer, said that a landlord is under no legal obligation to accept rent once a lease has ended.  "However, if he does so, that is how a month-to-month tenancy comes into existence," Mr. Ferrara said.

He said that such an arrangement can continue indefinitely until ended by either or both of the parties.  "On the other hand," he said, "if the tenant fails to vacate at the end of the lease term, and the landlord refuses to accept the rent, he may immediately commence formal eviction proceedings."

In the context of such a case, Mr. Ferrara said, the landlord may ask the court to award a money judgment against the tenant for the fair market value of the apartment during the period of any holding over.  So, he said, if market forces would permit him to get more for the apartment than the tenant was paying under her lease, the landlord could be entitled to more than the tenant was paying in rent.

Moreover, he said, the landlord may also seek the recovery of all legal fees and other costs incurred as a result of the litigation, provided that the expired lease authorizes such a demand.  "And most leases do allow landlords to demand reimbursement for fees and costs associated with an eviction proceeding," he said.