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definition of lease duration

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definition of lease duration

Postby amber_nyc » Fri Dec 18, 2009 12:42 pm

I was hoping someone could help me answer this. I have a lease which states that the length of sublease (its in a co-op where the owner is renting out their condo) is one year. The rider has the option of going to two years if both parties agree. Is this an effective two year lease or one year?

I ask because my girlfriend and I would like to terminate the lease but the LL is viewing this as a breach of contract were we would be liable to cover real estate costs, and lost rent, until they find a replacement. Again, they view us leaving on the one year mark as earlier to their interpretation of a two year lease.

We don't want to pay extra - there is nothing in the agreements that states we're responsible for those costs.

Please, any advice would be helpful
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Postby TenantNet » Fri Dec 18, 2009 12:55 pm

Your second paragraph makes no sense, so it's difficult to understand what you are asking.

It sounds like a one-year lease, meaning you can move out when the one year expires with no claim by the LL (other than potential damages they might claim against your deposit). And if it seems they are likely to create fake damages or otherwise not return the deposit, we know tenants have often used the deposit to cover the last month's rent.
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Postby amber_nyc » Fri Dec 18, 2009 1:02 pm

Sure let me clarify:
Our lease expires in over a month and we are giving our notice that we will not be renewing, or going to two years. basically not agreeing with the rider clause that allows us to go to two years.
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Postby TenantNet » Fri Dec 18, 2009 4:15 pm

A few things here...

There is no requirement that you give notice that you're leaving, but I don't think it can hurt. If you don't give notice and if you stay, then the LL try to invoke some sort of "deemed lease" depending on the exact language of the original lease. But that's only if you stay. If you're concerned, then I would give notice.

As for the second year, if it was offered on the basis that both parties must agree, then the LL has no claim assuming you haven't agreed to it. The extension is not automatic. The rider is an option, not an obligation on your part.
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