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Legal Notice Period for Fixed Term Lease

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Legal Notice Period for Fixed Term Lease

Postby John_nyc2017 » Fri May 12, 2017 4:34 pm

Hello,

Finished a 12 month, fixed term, lease (March 31st 2016-17). Provided notice March 31st that I did not wish to stay on but we (LL and I) agreed to sign 2 week contract and I vacated property April 14th as per terms. However, LL has withheld 2 weeks of deposit as "penalty".

There is NO notice period as per the contract and I find nothing in law for FIXED TERM leases requiring me to provide 30 days notice but I am aware 30 days is required in NYC for MONTH TO MONTH.

Separately, the contract does say LL should return deposit within 30 days which they have failed to do and also without interest (as per contract); should I follow up on these / waste of time?

Would love forum's thoughts as based upon my research next step small claims / lawyers....

Thank you
John
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Re: Legal Notice Period for Fixed Term Lease

Postby TenantNet » Fri May 12, 2017 6:42 pm

Assuming you are non-regulated, when a lease is up, it's up. You say you had extended the lease by 2 weeks and that was signed by both parties. That means the rent for the extended period is whatever is in the extension agreement, or if not stated, the rent from the original lease plus any previous renewals. No penalties ... just what's in the lease.

You say your lease does not require any notice, but in our opinion, a lease that expires needs no notice from the tenant. It's simply up. A month-to-month that requires a 30-day notice is something else.

As long as the LL does not give you a list of "damages" and relies only on the lack of notice (you don't say that, but implied that), then he has no grounds.

I would make a complaint with the NYS Attorney General's office. They handle these matters.

You could also start a proceeding in NYC Small Claims Court, but that's time, effort and money you should not have to spend.
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Re: Legal Notice Period for Fixed Term Lease

Postby John_nyc2017 » Sun May 14, 2017 9:27 am

Thank you, this is my understand from research too i.e. No legally required. Price period; it should be stipulated in the contract (which it isn't...)

Will follow your advice on proceedinngs.
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Re: Legal Notice Period for Fixed Term Lease

Postby TenantNet » Sun May 14, 2017 9:37 am

I re-wrote part of my last post. Reread that.

If the extension agreement is as simple as "both parties agree to extend the lease by 2 weeks" or something like that, then in our opinion, the rent is the same, no penalties.
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Information from TenantNet is from experienced non-attorney tenant
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