Legal Question in Real Estate Law in New York
Failure to Renew Rental Lease
I have been renting an apartment for three years using yearly leases to the same tenant. The lease for 2002 expired on December 31, 2002. The lease agreement states that if the Tenant wishes to cancel or not-renew the lease, they must give two months advance written notice. Upon my delivering of the new lease for year 2003 (January 1, 2003) my tenant informed me that they wish to not renew the lease and want to change to a month-to-month rental basis, thus violating the required two months written notice. I will only rent the apartment using a yearly lease as I have for the past three years to the same tenant. Had I known of her intent to not-renew, I would have searched for another tenant to start the new lease term for 2003. I wish to keep my tenant on a yearly lease basis and feel that she is obligated to sign the new lease due to her lack of non-renewal notice. Is the tenant obligated to renew the lease or am I forced to accept her on a month-to-month rental if she refuses to sign the renewal?
2 Answers from Attorneys
Re: Failure to Renew Rental Lease
If the lease did not automatically renew and you accepted rent for January already then you have agreed to let her remain as a month to month tenant. If you have not received cash or cashed the rent check (if paid by check) then contact an attorney immediately regarding your options and your rights.
Re: Failure to Renew Rental Lease
Your issue requires an analysis of the relevant terms of the lease. If the lease contains a clause that automatically renews the agreement absent a written notice to the contrary (in your case as you state, two months written notice of non-renewal), then it would appear, that the tenant is obligated for another year.
Practically, it sounds like you might be dealing with a recalcitrant tenant, so before pursuing your legal remedies, you should consult a lawyer for an advisory opinion.
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