Legal Question in Real Estate Law in New York
I am currently sharing an apartment with my roomate (both of us are currently on the lease agreement). But I plan to move soon. Our lease is due to expire the end of February. Our landlord's receptionist stated that if we do not send it back in time, the landlord has the right to issue us a deemed lease which will take on the terms of the previous lease (which is two years). She told me that whenever I plan to move and I want to be removed from the lease, to submit a notarized letter stating when I am going to move and I am no longer responsible for paying my part of the rent there. My roommate is not planning to move at this time. How much notification do I give to the landlord and my roommate concerning my move? What are my rights here? Thanks.
2 Answers from Attorneys
You need to read your existing lease. It will set forth the conditions for automatic renewal, etc. In the absence of any restriction in the lease agreement, you may leave at or before the end of your tenancy.
I have not seen the existing lease, so I do not know what it states about automatic renewal or any other terms or conditions. Normal notice is usually 30 days, which usually means before the first of the month, to be effective the first of the month following, so if you gave notice before January 1, it would be effective February 1. I suggest you discuss this decision with your roommate, as a new roommate may need to be found before you leave, to take over your share of the rental. I also do not know if the current or renewal lease provides for "joint and several liability" which means that even if you have an understanding that you and roommate are equally responsible, landlord can just go after either one if there is a lease default. More facts are required in order to give more than a general response and the response could change if different or additional facts are involved. The response is not intended to be legal advice or as creating an attorney-client relationship.