Legal Question in Landlord & Tenant Law in New York
I have a one page homemade lease. It is for a one year tenancy, but says, "Either landlords or tenants may terminate this tenancy upon providing 30 days written notice to the other parties. May I ask the tenants to lease if I provide them written notice 35 to 40 days before I would like them to leave? Is this a legal "out" from a one year lease?
2 Answers from Attorneys
If the lease may be terminated by a clause agreed to by both landlord and tenant, then the landlord may terminate the lease under the agreed upon terms in the contract. In other words, it is a legal "out".
Mike.
Yes. You can, but the problem arises if they do not leave voluntarily. Despite the agreement, you must then institute summary proceedings for eviction. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
Law Offices of
STEVEN J. CZIK, P.C.
101 Avenue of the Americas, 15th Floor
New York, New York 10013
212.413.4462
The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.
Related Questions & Answers
-
My landlord has served me with a notice of termination of my lease in a NYC... Asked 11/02/09, 5:52 pm in United States New York Landlord & Tenants