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Old 06-14-2012, 12:54 PM
 
3 posts, read 52,154 times
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I have a 12 month lease that terminates July 31st, at which point I intend to leave the apartment.

The lease has a rider with the provision:

"Tenant must notify landlord 60 days prior to vacating apartment by certified mail. if preferred, fax is acceptable, put signature line and I will return by fax, signed."

It does not provide any specific penalties for not providing notice and there is no reciprocal agreement that they must provide me 60 days notice. The rest of the lease is standard T 186 (http://www.blumberglegalforms.com/forms/186.pdf) which makes no mention of renewal or reversion to month to month upon the end of the lease.

My question is, does this provision just apply to me ending the lease early or must I provide 60 days notice if I simply intend to leave at the end of the lease?

Another question: if the landlord finds a new tenant for August 1st and charges them the same or higher rent, can they charge me any penalties for breaking the lease beyond their costs for finding a new tenant?

My thinking is that if the requirement for 60 days notice applies even at the end of the lease, this is effectively an automatic renewal for a 60 day term at the end of the lease. If it can be interpreted that way, than the landlord is required to give me notice between 15 and 30 days prior to the 60-day term, which they have not. This is admittedly pretty flimsy though since I don't think it really counts as an auto-renewal.


§ 5-905. Certain provisions of leases to be inoperative unless express notice thereof is given to tenant. No provision of a lease of any real property or premises which states that the term thereof shall be deemed renewed for a specified additional period of time unless the tenant gives notice to the lessor of his intention to quit the premises at the expiration of such term shall be operative unless the lessor, at least fifteen days and not more than thirty days previous to the time specified for the furnishing of such notice to him, shall give to the tenant written notice, served personally or by registered or certified mail, calling the attention of the tenant to the existence of such provision in the lease.

Last edited by moogar; 06-14-2012 at 01:06 PM..
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Old 06-14-2012, 02:01 PM
 
Location: The Ranch
23,711 posts, read 27,810,705 times
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You signed a contract for a 60 day notification, then if he doesn't rent it by 8/1 you're on the hook for it. This is not a car lease, this is a person running a business for their livelyhood.
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Old 06-14-2012, 02:06 PM
 
2,503 posts, read 3,972,366 times
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Quote:
Originally Posted by NeilVA View Post
You signed a contract for a 60 day notification, then if he doesn't rent it by 8/1 you're on the hook for it. This is not a car lease, this is a person running a business for their livelyhood.
Exactly right. You had to notify the LL 60 days before your intention of moving.
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Old 06-14-2012, 03:29 PM
 
3 posts, read 52,154 times
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Fair enough, I was hoping something in NY law prevented that but I guess not.

If they do re-rent by 8/1 though, can they still charge me rent for the remainder of the 60 days? I understand they can charge me for any costs they incur rerenting the apartment, but can they also charge me for the remaining rent?
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Old 06-14-2012, 03:56 PM
 
12,120 posts, read 31,136,481 times
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my lease (rent stabilized) says that failure to notify the landlord your intent(renew or vacate) in a lease renewal can jeopardize your right to continued tenancy
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Old 06-14-2012, 03:58 PM
 
Location: Beautiful Pelham Parkway,The Bronx
9,032 posts, read 22,259,492 times
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At this point they probably can charge you for at least 1 month of the rent because you have not given 60 days notice.Since you haven't given the 60 days notice they are probably assuming that you will be staying.

Don't really get why you are dicking around with this anyway.
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Old 06-15-2012, 06:30 AM
 
3 posts, read 52,154 times
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Quote:
Originally Posted by bluedog2 View Post
At this point they probably can charge you for at least 1 month of the rent because you have not given 60 days notice.Since you haven't given the 60 days notice they are probably assuming that you will be staying.

Don't really get why you are dicking around with this anyway.
If they can charge me for 1 month's rent for giving 30 days rather than 60 days notice, then at that point it sounds like I should just give 60 days notice and keep the apartment for that extra month. I could let family / friends stay there when they're coming to town, do a short term sub-lease (lease permitting), or try to get someone to assume my lease.

It sounds like even if I gave it up early and they re-rented it, I wouldn't be penalized any less so there's no advantage to me turning it over early. Right?
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Old 06-16-2012, 07:00 AM
 
Location: Manhattan
23,734 posts, read 32,841,013 times
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It has befuddled me too. This is a matter for court.

Any proviso about pre-notification seems like it should be null and void especially when at the very top of the lease/lease renewal is usually the proviso that "Unless this lease is renewed, tenancy will END on December 31, 2012."
That phrase makes the lease self terminating unless action is taken.

Self terminating means self terminating.

"Tenancy will END on Dec. 31, 2012" has a VERY precise meaning.


I pulled an old lease and it says"

Blah Blah Blah..."due to expire 12/31/2009. We offer you the right to renew.....You have 30 days from receipt of this offer TO ACCEPT. If this renewal offer is not returned to us in 30 days we will ASSUME YOU WILL BE VACATING on Dec. 31."

To my mind any presumed or even stipulated requirement that I have to notify them of my desire to vacate seems preposterous. The wording is quite specific.

Could any judge assume it means anything other than what it says?
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Old 06-18-2012, 08:51 PM
 
Location: Brooklyn New York
16,905 posts, read 28,364,668 times
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just give them the time they ask for, you don't have to live there if you need not be.

why make a problem, give the 60 days, 2 months and call it a day.

who want to move into a new apartment and have the old apartment giving you grief.
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Old 06-18-2012, 11:55 PM
 
455 posts, read 594,866 times
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Did thy send you a renewal contract letter? Usually, they send all tenants one. After, July 1 st you will enter a month to month contract with the ll. Have you spoken to the LL? Maybe, they are reasonable. Unless, your apt is in an undesirable area then the ll will stick to the contract since it might take them some time to find a replacement.
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