Legal Question in Real Estate Law in New York

My daughter is at college in Albany, NY. She lives off campus in an apartment shared with 2 roommates. Her lease expires 5/31/14. The management company has sent an email stating that they have an overwhelming amount of requests for availabilities for the next school year. They want to know (NOW) if they plan on renewing the lease for 6/2014-5/2015. If no response is given, then they are going to assume that they do not plan on renewing the lease and will begin to schedule showings shortly after Thanksgiving.

I feel like they are taking advantage of them because they are students. Most of their housing is occupied by students. Can they ask the tenants for an answer now, 6 months in advance? Also, if we were to say that we will renew the lease, how early can they demand the signed renewal?

Asked on 11/07/13, 9:10 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

This is unusual, but not illegal, but understandable especially when housing is in such high demand. However, what provisions might be included to allow timely cancellation if necessary due to any number of legaitimate circumstances. A reasonable time period for cancellation should be allowed. What does the current lease provide, if anything? What would have happened if one of the roommates got sick, failed out, etc.?

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Answered on 11/07/13, 1:49 pm

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