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Posted by Blue Zephyr on November 30, 2001 at 19:18:14:

In Reply to: lease renewal, Fredonia, NY - student housing posted by Susanne Lipari on November 30, 2001 at 16:31:26:

The landlady apparently asked your son if he and his roommates wanted to renew their lease BEYOND May 2002, when it would expire. Once the lease expires in May, anything can happen - landlady can rent it to them, rent to others, keep it vacant, etc. So there is nothing illegal or underhanded here.

Asking about a renewal lease so far in advance may be unusual, but is not illegal. If your son was sure he would stay for 2 years he could have asked her for a 2 year lease before moving in. But why request such a long lease in the first place? When I was in college I moved at least once a year, and roommates always came and went. Unless your son's circumstances are vastly different, I'd advise him look for a lease a new place in the summer (when most apartments in college towns are vacant).

: My son, a college student in Fredonia, NY and his room mates hold a lease on their dwelling from end of August 2001 until end of May 2002(the local school year). This October the landlady asked them if they wanted to renew the lease for the next school year, and if yes, to pay an additional month's rent as security deposit. (she already holds one security deposit for this year's lease). The students informed her that they wanted to renew. When my son tried to drop off the check for the additional security deposit (is it even legal to ask for a second security deposit?) the landlady told him that he had waited too long to pay and that she had already rented out the place to other tenants. We are talking about the request for additional security deposit 11 months before the renewed lease would come into effect! Was it legal for the landlady to rent out the apartment to somebody else although the students had expressed their intention to renew the lease? Was she obliged to provide them with a lease or was asking for a second security deposit legal? What recourse do the students have?

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Comments:
: The landlady apparently asked your son if he and his roommates wanted to renew their lease BEYOND May 2002, when it would expire.  Once the lease expires in May, anything can happen - landlady can rent it to them, rent to others, keep it vacant, etc.  So there is nothing illegal or underhanded here.

: Asking about a renewal lease so far in advance may be unusual, but is not illegal.  If your son was sure he would stay for 2 years he could have asked her for a 2 year lease before moving in.  But why request such a long lease in the first place?  When I was in college I moved at least once a year, and roommates always came and went.  Unless your son's circumstances are vastly different, I'd advise him look for a lease a new place in the summer (when most apartments in college towns are vacant).

: : My son, a college student in Fredonia, NY and his room mates hold a lease on their dwelling from end of August 2001 until end of May 2002(the local school year). This October the landlady asked them if they wanted to renew the lease for the next school year, and if yes, to pay an additional month's rent as security deposit. (she already holds one security deposit for this year's lease). The students informed her that they wanted to renew. When my son tried to drop off the check for the additional security deposit (is it even legal to ask for a second security deposit?) the landlady told him that he had waited too long to pay and that she had already rented out the place to other tenants. We are talking about the request for additional security deposit 11 months before the renewed lease would come into effect! Was it legal for the landlady to rent out the apartment to somebody else although the students had expressed their intention to renew the lease? Was she obliged to provide them with a lease or was asking for a second security deposit legal? What recourse do the students have?


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