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Posted by TenantNet on April 19, 1998 at 18:08:36:

In Reply to: Lease renewal would add 30-day stipulation 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."

The operative phrase is on 30 days notice. The part pertaining to on or
before the first, I think, is a bit meaningless. It makes it month-to-
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?

If not regulated, it depends on if both parties agree to it. Usually
early termination depends on lack of paying rent or other breach of
lease, not at will.

: 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?

Depends on your bargaining power.

: 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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Comments:
: : 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."

: The operative phrase is on 30 days notice. The part pertaining to on or
: before the first, I think, is a bit meaningless. It makes it month-to-
: 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?

: If not regulated, it depends on if both parties agree to it. Usually
: early termination depends on lack of paying rent or other breach of
: lease, not at will.

: : 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?

: Depends on your bargaining power.

: : 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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