Posted by Rob on March 29, 1998 at 11:11:40:
My landlord just sent me a lease renewal form for the next year. (I'm
a Rochester resident, not NYC.) It would extend my existing lease by
a year, increase the rent, and add the following phrase to the agreement:
"This lease may be terminated by either party with thirty (30) days written
notice on or before the 1st of the month."
This seems pretty vague. My questions:
1. Under New York law, under what terms can a lease be terminated by the
landlord without having to show cause, lease terms notwithstanding?
In other words, does the landlord already have this right?
2. Would this make my "one year" lease into a de facto month-to-month lease,
since the landlord can terminate it at any time? I'm also offered
the option for a month-to-month extension at a higher rent, but the
landlord would need to provide 60 days notice. If the landlord can
terminate at the beginning of any month, shouldn't I get the month-to-
month legal protections?
Obviously, the one sentence typed onto their preprinted form is far too
vague for me to agree to in any case; I will try to negotiate a clarified
version, but I want to know if (a) the landlord even needs this clause;
(b) if such a clause is legal; and (c) if such a clause would give me
other implicit rights.
Thanks in advance...
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