Full question:
My daughter has a one year lease set to expire in August 2009. She wants to relocate to NYC. She gave a written notice within 60 days of the lease expiring but the lease requires a 90 day notice. My daughter is moving by the end of August. The landlord automatically renewed her lease without her approval because there was no change in the rent amount. The landlord wants my daughter to pay the rent for a vacant apartment until August 2010. What options does my daughter have?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: New York
Answer:
In New York, landlords are required to give tenants advance notice of the existence of an automatic renewal clause. Landlords must give this notice between 15 and 30 days
before the tenant is required to notify the landlord of an intention not to renew the lease. (General Obligations Law Sec. 5-905)
The lease terms will generally govern the notice required to terminate the tenancy. If the tenant fails to give the required notice, it is possible the tenant may be liable for the remainder of the lease when it renews. However, the landlord has a duty to mitigate (lessen) damages by making a reasonable attempt to relet the premises. A reasonable attempt to relet typically requires advertising the premises and showing it to prospective tenants.
It may also be possible to negotiate with the landlord for early termination by finding a replacement tenant and having the lease assigned, or sublet. Often, the landlord will attempt to insert a clause in such agreements holding the original tenant liable if the sublessee or assigneee defaults, so it is best to negotiate for early termination of the lease.
The following is a NY law:
5-905 Gen. Oblig. 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.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
