Notice of Lease Termination-Wriiten or Verbal?

[SJO]

I'm in Syracuse. My landlord had a clause in his lease that allowed him to break the lease if his employer relocated him. If that occurred, the terms of the lease indicated that 90 days notice was required. I got a phone call March 19th informing me the lease was being terminated. The registered letter showed up March 28th. The landlord is using 90 days from the date of the phone call-June 19th. What is the law? Should it be 90 days from March 19th or March 28th? Also, is there any laws that indicate your lease can only be terminated at the end of the month? I'd prefer to stay unitl end June but he insists I'm out June 19th.
Thanks

[consigliere]

That certainly is an unusual lease clause.

Does the lease specify how the notice of termination must be given? In writing? By Registered Mail?

I would take the position that the 90 days started the day after you received the letter by registered mail. (By the way, 90 days from March 19th is June 17th -- not June 19th.)

A month-to-month lease has to be terminated to coincide with the end of the rental period. For example, if you pay your rent on a calendar month basis, the notice of termination has to be given at least thirty days/one month before the last day of the calendar month.

Steve wrote:

My landlord had a clause in his lease that allowed him to break the lease if his employer relocated him. If that occurred, the terms of the lease indicated that 90 days notice was required.
 

[SJO]

Thanks for the reply. My lease does not specify how the notice was to come (written or verbal). I too feel the date the registered letter arrived should be the start of the 90 days notice-June 17th. I also feel I should be permitted to stay until June 30th since I pay rent at the first of each month. My lease was 4 years start date was the 1st of June 2001. I pay rent on the 1st of each month. What's the right answer since what I think should happen and what he thinks should happen differ?
Steve

[consigliere]

Does the letter make any reference to the phone call?

As a practical matter, even if the landlord commences legal action on June 18th, you would not have to appear in landlord-tenant court on a holdover proceeding until June 26th, at the earliest, and June 30th, at the latest. It seems pointless for the landlord to do this if you're willing to move by June 30th.

In retrospect, you should not have agreed to that early termination clause, especially in a four-year lease. Four years would have been better to amortize your moving expenses, your installation charges for phone, cable, etc., and your brokerage fee, if any.

You should have rejected the clause, or asked for compensation for the early termination, e.g., free rent for the 90-day period.
 

[dakellner@kcdlaw.com]

Did you have a printed form lease? If so, read the fine print contained in the lease. Most printed leases contain a clause that says that notices have to be in writing and specifies the method for delivery of the notice, usually by leaving it at the premises or by certified or registered mail. Some notice clauses require return receipt as well. If there is a defect in the notice, then you still have not been terminated.