New York | Landlord & Tenant Law
Legal Question
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?
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Legal Answer
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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Michael A. Markowitz, PC 1553 Broadway Hewlett, NY 11557
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Legal Answer
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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CZIK LAW PLLC 401 Greenwich Street New York, NY 10013
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