My right to extend the lease?
Started by seandrifter
over 12 years ago
Posts: 0
Member since: May 2013
Discussion about
Hi, I really need some input on this now. My lease is coming to an end in 2 months and on my lease there is a clause stating that I have the right to extend the term at a fixed amount for rent. My broker initially said they like to raise the rent more than what was specified in the lease and they also just listed the apartment on streeteasy. I would like to stay in the apartment for another year. Can they not accept my renewal and find anther renter? Is the law on my side? Thanks.
Perhaps this post on our StreetEasy blog could provide some help: http://ownyourhome.streeteasy.com/a-tentants-guide-to-rent-increases-in-nyc/
Sean did they send you a renewal?
Can you provide more detail regarding the clause in the original lease?
What is the involvement of the broker? Did you call hon or her for input, or did he or she call you and if so for what purpose?
Hi Sean, while I am not an attorney, it would seem to me that if you have an executed agreement with the landlord with a right to renew clause, they have to honor it. As Greensdale said, it would be more helpful if you could post what the clause says or more information about it, but a signed rider from a landlord sounds pretty black and white to me.
When I represent landlords who have offered a right to renew at a fixed increase, I make sure they understand that they need to abide by the agreement, even if the market ends up outpacing what the agreed increase is.
As for everything else: communications should be between you and your landlord, as that's who the lease contract is between. Until you speak directly with your landlord/mgmt company and they specifically tell you to deal with the broker instead, I would keep the latter out of it. Many brokers are incentivized to get the current tenant out of the apartment so he/she can make another commission re-renting it, and are not necessarily looking out for your rights, or feel obligated to tell you what they are.
Hon-> Him
Maybe there is a clause that says the renewal must be communicated in writing before 60 days before lease term ends.
Need to see the exact wording of that part of the agreement to give you an answer.
Whether it says communicate in writing or not I would send certified mail.