Legal Question in Landlord & Tenant Law in New York

New York 60 day lease agreement

My lease term ends December 1st. The lease states that if we do not sign a new lease agreement, we must give a written 60 day notice of our attention to vacate the apartment, which would be at the latest, September 30th. However, our leasor gave us the new lease term on October 8th, already passed 60 days. We confronted her about this, and she verbally agreed that because she was late with the letter, we only need to give her a 30 day notice. We gave her our 30 day notice (5 weeks before the lease date ends) of our attention to vacate. She wrote a letter back stated that it is not 30 days, and actually 60 days. She reneged on her verbal agreement, and failed to mention the fact that she was late in giving us the new term lease offer. What should I do?


Asked on 10/23/08, 8:03 pm

2 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: New York 60 day lease agreement

Learn from your mistakes and remember in the future to get everything in writing!

I would send her a letter and try to talk rationally with her. If that does not work move out. I would not invite a Landlord Tenant Action. It can cost $.

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Answered on 10/23/08, 8:08 pm
Michael Markowitz Michael A. Markowitz, PC

Re: New York 60 day lease agreement

I am assuming that your lease agreement states that the writing may not be amended unless in writing and signed. So the fact that you did not receive a writing from the landlord modifying the notification provision on the lease agreement from 60 to 30 days is a bad thing.

However, you received a new lease on October 8, within the 60 day period. By her action the landlord may have waived the 60 day period in the lease agreement.

If you do not want to stay in the apartment, I would give 30 day notice. In the notice I would re-state what happened, that: 1. You received new lease within 60 day period; 2. That as a result of receiving new lease within period landlord waived 60 day notice and agreed to 30 day notice; 3. That you are giving the 30 day notice; and 4. That you will vacate the apartment on December 1.

With the 30 day notice I would vacate the apartment on December 1.

Mike.

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Answered on 10/24/08, 8:15 am


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