Legal Question in Landlord & Tenant Law in New York

lease termination and giving notice

I am currently in the process of buying a house. Things didn't look definite until the beginning of Sept, so as soon as they did seem sure, I notified the apt complex i live in on Long Island that I would not be renewing my lease, which expires on October 1st. They then told me according to the lease, they need 60 days written notice prior to my vacating, regardless of the fact that my one year lease ends. There is no automatic renewal clause. When asked what the penalty would be, they said that I would be responsible for my Sept rent (which I had already paid), AND 2 MONTHS RENT ON TOP OF THAT (basically forfeiting my security deposit) for not giving sufficient notice. Is that legal? Even if I was giving them 60 days notice, that would mean I would have had to vacate by Nov. 5th, only 1 month and a few days past the term of my lease, meaning I would be a holdover resident for one month+ a few days. How can they require I pay TWO months rent beyond the end of my lease? I also have a friend who is a broker, and he found in a book a statement that ''A written lease for a definite period of time expires at the end of that time period; no seperate notice is required to terminate.'' Does this apply in this situation?


Asked on 9/09/06, 2:56 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: lease termination and giving notice

It depends on what you agreed to in your lease.

I would be glad to review it for you at no charge if you would like to fax/send it to me.

You can E-mail me if you'd like to do that and I will give you my info.

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Answered on 9/09/06, 9:07 pm


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