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 must notify tenants about automatic lease renewal clauses between fifteen and thirty days before the tenant needs to give notice of their intention not to renew (General Obligations Law Sec. 5-905). The lease terms usually dictate the notice required to terminate the tenancy. If your daughter did not provide the required notice, she may be liable for the rent until the lease ends, as it has automatically renewed.
However, the landlord has a responsibility to mitigate damages by trying to re-rent the apartment. This means they should make reasonable efforts to find a new tenant, such as advertising and showing the unit.
Your daughter might also consider negotiating with the landlord for an early lease termination. This could involve finding a replacement tenant or asking to sublet the apartment. It's important to negotiate terms carefully, as landlords often include clauses that hold the original tenant responsible if the new tenant defaults.
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.