Legal Question in Real Estate Law in New York

Automatic Lease Renewal

I had a 2 year lease on my apartment in New York City. The lease ended July 31st, 2008. The lease had an automatic renewal clause.

I was mailed a renewal lease form in early May and was asked to send the form back signed indicated my desire not to renew the lease. I had the form notarized on May 21st and sent it back through regular mail. This date was before the 60 days required in the clause.

The landlord is claiming that they did not receive my non-renewal notice and they are invoking their right to automatically renew the lease for 1 year.

I have already purchased a home and can not afford one additional months rent, much less one year. What are my legal rights? How can I get out of this lease?


Asked on 7/28/08, 8:20 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Automatic Lease Renewal

The language in the lease agreement is important for this question. If the lease agreement has language stating how the renewal agreement is to be returned, you must follow the language. If there is no language, mailing a response is deemed given on the date mailed - not received.

In either event, I would vacate the apartment on July 31, 2008. I would tender the keys on that date with a note stating that you vacated the apartment. The keys and note should either be delivered in person (and obtain a receipt from the landlord for the delivery of the keys and note), or should be sent by certified mail (don't lose the certified mail receipt).

With the surrender of the apartment the landlord may not commence an action in landlord- tenant court. The landlord would also have a duty to mitigate damages and may not hold you responsible for another year on the lease.

Mike.

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Answered on 7/29/08, 8:38 am


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