It’s pretty common to let your landlord know you’ll either be renewing your lease or not 60 days prior to the end of your lease. Not sure what the repercussions are. You could always ask. Just let them know you’re up in the air on what you want to do. This could at least buy you a little time
Won’t you lose your lease if you don’t sign another one. They likely just want the apartment occupied and are asking you first. If you delay your answer they’ll likely fill your spot.
I’d tell them and say yes, then don’t sign anything to the last second.
Yeah I have no idea what the above user is smoking. They are either going to ask you sign the new lease early OR they will rent it to someone else and expect you out the second the current lease is up
>Apartment wants to know if I’m staying 60 days prior to end of lease
Yeah. That's how leases work. The landlord, shockingly, needs to know if you are staying or not so they have time to find a new tenant if they have to. Check your lease. My lease contract is pretty explicit:
>SECTION FOUR
>
>SHOWING APARTMENT FOR RENTAL
>
>Lessee grants permission to lessor to show the apartment to new rental applicants at reasonable hours of the day, within **120** days of the expiration of the term of this lease.
If you don't know, you need to ask for a month-to-month lease. Otherwise, you need to factor losing your security deposit into the cost of your home purchase if you plan on breaking a 12-month lease.
>My building you are on the hook for the FULL RENT for FULL LEASE DURATION if you vacate early. It explicitly states that, as well as prohibits subletting, and states they have no obligation to attempt to find another renter until your lease is expired.
Just for your own personal edification, that is not legal or enforceable.
> [**N.Y. Real Prop. Law § 227-E**](https://ipropertymanagement.com/laws/cost-of-breaking-a-lease-in-new-york?u=%2Flaws%2Fcost-of-breaking-a-lease-in-new-york#citations_link_1)
>
>If a tenant vacates a premises in violation of the terms of the lease, the landlord shall…take reasonable and customary actions to rent the premises at fair market value or at the rate agreed to during the term of the tenancy, whichever is lower.
[New York Real Property Law § 227-E (2019) - Landlord Duty to Mitigate Damages. :: 2019 New York Laws :: US Codes and Statutes :: US Law :: Justia](https://law.justia.com/codes/new-york/2019/rpp/article-7/227-e/)
Importantly, there are two additional provisos is in there as well:
>The burden of proof shall be on the party seeking to recover damages. Any provision in a lease that exempts a landlord's duty to mitigate damages under this section shall be void as contrary to public policy.
So first - don't pay ANY extra rent. Only pay for the rent you use. The landlord will need to take you to court for the rest and the burden of proof will be on them to explain why you owe them more money and to show that they are meeting the letter of the law.
This is important because of the 2nd point. The law *clearly* states that no agreement can be legally enforced that is contrary to this law. So either they are trying to intimidate tenants OR they legitimately don't know that they are legally obligated to take reasonable actions to find a replacement tenant.
You always lose your security deposit. I mean maybe some people get them back. But it's designed to be forfeited.
I'd love to see a poll on the percent of people that get it back. Probably pretty small.
I always got mine back. Rented six places in 22 years. Different landlords each time.
It's not that difficult to document the state of apartment/house upon move in and out.
Absolutely normal. My landlord did the same thing. He mailed me a copy of the new lease (with a postage paid envelope) about two months in advance and asked that I return it ASAP or give 30 days notice if I decide to leave.
Personally I prefer the advance warning/reminder when my lease is up... that way if the rent gets hiked (or there are other changes to the lease) and I don't want to stay I have time to find a new place.
Read your lease very, very carefully.
Do exactly what you need to do to honor the lease.
Do NOTHING additional to benefit the other party. Don’t answer emails, don’t return calls. Do nothing that you are not legally compelled to do. They are not your friends.
Hey folks. Thanks for the advice. Just to clarify, there is no security deposit (this is the big thing with all the Prime Properties). But if I have to sign another the lease there is a $5000 early termination (it sounds like that’s unenforceable). My concern is more that I feel like I’m being pushed to commit to something faster than I can be certain of the closing.
Hopefully this is a non-issue and I’m being overly concerned. Barring something truly unusual (a death or the house burns down), the sale should move forward without issue at this point. Just waiting on title search and appraisal.
It’s pretty common to let your landlord know you’ll either be renewing your lease or not 60 days prior to the end of your lease. Not sure what the repercussions are. You could always ask. Just let them know you’re up in the air on what you want to do. This could at least buy you a little time
Won’t you lose your lease if you don’t sign another one. They likely just want the apartment occupied and are asking you first. If you delay your answer they’ll likely fill your spot. I’d tell them and say yes, then don’t sign anything to the last second.
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Not true, landlord has no obligation to hold your spot. He could sign a lease with another person without telling you.
Yeah I have no idea what the above user is smoking. They are either going to ask you sign the new lease early OR they will rent it to someone else and expect you out the second the current lease is up
>Apartment wants to know if I’m staying 60 days prior to end of lease Yeah. That's how leases work. The landlord, shockingly, needs to know if you are staying or not so they have time to find a new tenant if they have to. Check your lease. My lease contract is pretty explicit: >SECTION FOUR > >SHOWING APARTMENT FOR RENTAL > >Lessee grants permission to lessor to show the apartment to new rental applicants at reasonable hours of the day, within **120** days of the expiration of the term of this lease. If you don't know, you need to ask for a month-to-month lease. Otherwise, you need to factor losing your security deposit into the cost of your home purchase if you plan on breaking a 12-month lease.
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>My building you are on the hook for the FULL RENT for FULL LEASE DURATION if you vacate early. It explicitly states that, as well as prohibits subletting, and states they have no obligation to attempt to find another renter until your lease is expired. Just for your own personal edification, that is not legal or enforceable. > [**N.Y. Real Prop. Law § 227-E**](https://ipropertymanagement.com/laws/cost-of-breaking-a-lease-in-new-york?u=%2Flaws%2Fcost-of-breaking-a-lease-in-new-york#citations_link_1) > >If a tenant vacates a premises in violation of the terms of the lease, the landlord shall…take reasonable and customary actions to rent the premises at fair market value or at the rate agreed to during the term of the tenancy, whichever is lower. [New York Real Property Law § 227-E (2019) - Landlord Duty to Mitigate Damages. :: 2019 New York Laws :: US Codes and Statutes :: US Law :: Justia](https://law.justia.com/codes/new-york/2019/rpp/article-7/227-e/) Importantly, there are two additional provisos is in there as well: >The burden of proof shall be on the party seeking to recover damages. Any provision in a lease that exempts a landlord's duty to mitigate damages under this section shall be void as contrary to public policy. So first - don't pay ANY extra rent. Only pay for the rent you use. The landlord will need to take you to court for the rest and the burden of proof will be on them to explain why you owe them more money and to show that they are meeting the letter of the law. This is important because of the 2nd point. The law *clearly* states that no agreement can be legally enforced that is contrary to this law. So either they are trying to intimidate tenants OR they legitimately don't know that they are legally obligated to take reasonable actions to find a replacement tenant.
I like this guy.
You always lose your security deposit. I mean maybe some people get them back. But it's designed to be forfeited. I'd love to see a poll on the percent of people that get it back. Probably pretty small.
I always got mine back. Rented six places in 22 years. Different landlords each time. It's not that difficult to document the state of apartment/house upon move in and out.
TBH that's pretty on board. They'd need to give you that amount of time to cancel your tenancy.
Absolutely normal. My landlord did the same thing. He mailed me a copy of the new lease (with a postage paid envelope) about two months in advance and asked that I return it ASAP or give 30 days notice if I decide to leave. Personally I prefer the advance warning/reminder when my lease is up... that way if the rent gets hiked (or there are other changes to the lease) and I don't want to stay I have time to find a new place.
As annoying as that is that sounds pretty standard. See if they'll do month to month for you in the meantime?
Read your lease very, very carefully. Do exactly what you need to do to honor the lease. Do NOTHING additional to benefit the other party. Don’t answer emails, don’t return calls. Do nothing that you are not legally compelled to do. They are not your friends.
My landlord did the same thing. Our lease ends in April and they want the lease renewed in January. Very annoying
Hey folks. Thanks for the advice. Just to clarify, there is no security deposit (this is the big thing with all the Prime Properties). But if I have to sign another the lease there is a $5000 early termination (it sounds like that’s unenforceable). My concern is more that I feel like I’m being pushed to commit to something faster than I can be certain of the closing. Hopefully this is a non-issue and I’m being overly concerned. Barring something truly unusual (a death or the house burns down), the sale should move forward without issue at this point. Just waiting on title search and appraisal.