lease automatically renewed?
Started by komin
over 16 years ago
Posts: 30
Member since: Apr 2009
Discussion about
Hi, we would like to see if anyone here has any information/advice regarding a situation that we have. our lease ends 4/30. we received a renewal form about 3 months ago. about a week ago we told the management that we probably were moving out and were told it was fine, just needed us to sign the renewal form (to decline the renewal) and return it to them. but today when we went to give the signed form back, we were given a letter saying that our lease was deemed automatically renewed. I find it ridiculous, and obviously am going to talk to them about this but just want to see if anyone here can offer any advice. thanks a lot.
by the way this is a rent stabilized building. on the renewal form it only states that if the tenant fails to respond within 60 days it could be used by the landlord as a ground to evict the tenant. did not see anything about automatic lease renewal. can landlords do that?
I believe the general rule is that a tenant who holds over an expired lease may be liable only for the period of time during which payments were due under the prior lease (a month typically). By holding over 1 day, you don't somehow "renew" for an entire year or two. That is the general rule. I can't say what wrinkles rent control or the terms of your particular lease add to this. Oral agreements or changes are not binding either, as a general rule, in real estate.
My question is why would you have waited until last week to follow up on a lease renewal you received three MONTHS ago?? Informing the landlord you plan to vacate only three weeks before your lease ends is, at best, discourteous.
Check your lease--perhaps there is an automatic renewal clause that kicks in if you fail to reply in a timely fashion (which is exactly what you have done). Would seem odd, but stranger things have happened... Either way, you were remiss in waiting til the 11th hour to handle this.
kylewest and squid, thanks for the input. I don't see how one could inform the landlord well ahead of the expiration of the lease, as only at the end of march/beginning of april did various leasing offices/brokers start to show us apartment for may 1 occupancy. we informed the management last week because we just put in an application.