Does NY State Law requires a 60 day notice on market regulated apartments. (2014)

[fanisp]

I live in a luxury building in downtown nyc.

I am wondering if anyone knows what is the NY State law regarding giving 60 day notices.

They have a provision at the very end stating.



"This Lease contract will automatically renew month to month unless either party gives at least 60

days written notice of termination or intent to move out as required by paragraph 37."

And they want to charge a relettting fee equal to one rent because I didn't give them a 60 day notice.

I am wondering what the law says and if anyone knows if a lease can be void if the 60 day they are asking isn't required by the law.

Thank you

[Kefir King]

I think the law is silent on the matter, the contract/lease being the determinant. The law will not replace this contract.


Firstly, is there any language in the last lease renewal that goes something like:
"If this renewal is not returned within 30 days we will assume you are vacating as of March 31, 2014?"
That is common language and may override the "automatic renewal."
All of my leases and renewals have had a clear termination date if I took no action.

If the ONLY language is the reversion to month to month, I think you are stuck with an additional month. Might as well stay and move slowly. (I have usually used a month with 2 rents so that I am not hassled.)