Lease-Breaking Question? Please Help?

[jkatz01]

Hello,
My question is about Lease-Breaking:
WE have a 1 year lease in a 3 dwelling brownstone apartment that expires end of February - we've been there 4 years. The L.L. has offered us another year Lease. We are currently looking to buy a home but have no idea when that will actually happen.
IF we notify the land-lady that we are moving, IS she ALLOWED to try and collect rent from us for an entire YEAR? HOW does this normally work? Are we really expected to time a home purchase with the lease expiration?
The current lease has some clause that "Requires" us to give one months notice if we plan not to renew it.
THANKS
J.K.

[Chimera]

If you plan on purchasing a home within the next year, you probably shouldn't renew your lease. If you remain past your lease and she doesn't ask you to leave, you will turn into a month-to-month tenant, which will probably be the best for you since it only requires that you give 30 days notice before the end of your term (usually last day of the month) if you wish to move out. If you do sign a new lease, you are obligated to pay rent until the end of the year unless a replacement tenant has been found, and even then you are responsible for any months during which the apartment is vacant.

[mjr203]

I would certainly not sign a one year lease if you intend to move. I would investigate the legality of that lease clause -- but also just because you give notice of nonrenewal does not mean you have to be out in a month --only the housing court can decide that?

Best thing to do might be to talk to your LL and tell her you intend to purchase a place with x months and that you will give her 1 month's notice prior to your departure. It takes a long time to evict in NYC I believe and as long as you continue to pay rent she won't have too much reason to agitate. If it is a non-regulated apt, I don't think you will be responsible for any additional time beyond a month that it takes her to rerent the apartment after your giving notice.

btw, if she tries to unfairly retain your security deposit -- there is always small claims ct.

Just some thoughts...

-POINTER

ps if she is reasonable I don't see why you can't work it out

[jkatz01]

Thanks for the replies,
I told her we are looking to buy a house, but had nothing definate yet - in fact it could take 6 months since we just started.
At first, we requested a 6 month lease, but she refused, I can hardly see her agreeing to go month-to-month, but as you said, I also doubt she would go to the trouble of trying to evict us. (She's basically nice, but a bit eccentric).

Then she tells me she has someone waiting for her word to take the apartment. (she says this every year without fail).

ANYWAYS, If we decide to move say in August, am I within my rights of getting someone else to occupy the apartment and pay the rent?

[mjr203]

Originally posted by jkatz01:

ANYWAYS, If we decide to move say in August, am I within my rights of getting someone else to occupy the apartment and pay the rent?

Assuming you signed the year lease and found suitable replacement tenants in August, there is little chance of a court ruling you need to ante up 4 months rent or anything beyond a month just because the LL refuses to find a tenant.

Still it is in your best interests to not sign a year committment.

Many people in NY rent month to month.