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Posted by TenantNet on October 17, 1998 at 21:35:24:

In Reply to: Automatic renewal if notice is not given posted by Phil Richards on October 06, 1998 at 13:27:55:

: "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."

That makes no sense. If the tenant fails to give notice (but leaves at
the end of a lease) he/she would become a month-to-month tenant after
having moved out (nonsense #1) and then, since being now a month-to-month
tenant, can move out in 30 days! (nonsense #2)

: 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.

Generally this is the case.

: 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.

We aren't familiar with this. Westchester has some different rules, especially if it's rent regulated. But generally regulated tenants get automatic renewals 120-150 days prior to expiration. You might be referring to something in the Multiple Dwelling Law or Real Property Law.
But if this is the case, then if you didn't receive the notice, it looks like you're off the hook. I would think such a renewal clause would have to be in your lease. Read the fine print. But the 60 days generally applies to leaving before expiration. BTW, you can leave whenever you like (this is still America). Let the owner come after you. The only downside is thjey might play games with the security, but it sounds like they would invent something if it wasn't this.

: Does this law apply to me?

: If so, what can I do about it?

: Thanks.

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Comments:
: : "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."

: That makes no sense. If the tenant fails to give notice (but leaves at
: the end of a lease) he/she would become a month-to-month tenant after
: having moved out (nonsense #1) and then, since being now a month-to-month
: tenant, can move out in 30 days! (nonsense #2)

: : 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.

: Generally this is the case.

: : 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.

: We aren't familiar with this. Westchester has some different rules, especially if it's rent regulated. But generally regulated tenants get automatic renewals 120-150 days prior to expiration. You might be referring to something in the Multiple Dwelling Law or Real Property Law.
: But if this is the case, then if you didn't receive the notice, it looks like you're off the hook. I would think such a renewal clause would have to be in your lease. Read the fine print. But the 60 days generally applies to leaving before expiration. BTW, you can leave whenever you like (this is still America). Let the owner come after you. The only downside is thjey might play games with the security, but it sounds like they would invent something if it wasn't this.

: : Does this law apply to me?

: : If so, what can I do about it?

: : Thanks.


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