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Automatic renewal if notice is not given

Posted by Phil Richards on October 06, 1998 at 13:27:55:

Yesterday, I informed my landlord that I would be moving out of the apartment on 10/31, the date my lease expires. She then informed me of the following clause in my lease:

The tenant must notify the landlord of intention to vacate the apartment 60 days prior to expiration of the lease. If the tenant fails to I provide this notice, he will become a month-to-month resident upon lease's expiration.

Months earlier, I was informed by management that I only had to provide 60 days notice if I were leaving the lease prior to expiration. I was told that if I planned on leaving upon expiration of the lease, I did not need to provide advanced notice.

I live in Westchester County. New York has a state law requiring landlords to inform tenants of the existence of automatic renewal clauses. Tenants must be informed between 15 and 30 days prior to the time renewal or non-renewal notice must be given(in my case 60 days). I never received such notice.

Does this law apply to me?

If so, what can I do about it?


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