Legal Question in Landlord & Tenant Law in New York

I have a one page homemade lease. It is for a one year tenancy, but says, "Either landlords or tenants may terminate this tenancy upon providing 30 days written notice to the other parties. May I ask the tenants to lease if I provide them written notice 35 to 40 days before I would like them to leave? Is this a legal "out" from a one year lease?


Asked on 11/13/09, 6:28 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

If the lease may be terminated by a clause agreed to by both landlord and tenant, then the landlord may terminate the lease under the agreed upon terms in the contract. In other words, it is a legal "out".

Mike.

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Answered on 11/19/09, 7:54 am
Steven Czik CZIK LAW PLLC

Yes. You can, but the problem arises if they do not leave voluntarily. Despite the agreement, you must then institute summary proceedings for eviction. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 11/23/09, 12:56 pm


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