Q: Landlord refuses to accept verbal notice of last day...
I rented an apartment in Rome, NY with a 12-month lease. I verbally informed the property manager, sometime in late July, that I would in fact be out by the end of our agreed lease 9/30/2018.
I was contacted on 10/25/2018 by the manager asking about October's rent, which I reminded her that I was no longer at the residence as stated before. She recalled the conversation saying that she informed me that it must be in a written form, which I didn't recall or I would have written it right then. There is a clause in the lease that states, word for word, mistypes included:
"13. HOLDING OVER UNLESS ANOTHER LEASE IS SIGNED BY THE PARTIES HERETO OR UNLESS WRITTEN NOTICE OF TERMINATION IS GIVEN BY EITHER PARTY THIRTY (30) DAYS BEFORE EXPIRATION OF THIS LEASE. THIS LEASE SHALL BE AUTOMATICALLY RENEWED ON A MONTH TO MONTH BASIS WHICH SHALREQUIRE THIRTY (30) DAYS PRIOR WRITTEN NOTICE BY EITHER PARTY FOR TERMINATION."
Am I out $745 and liable for the next month's rent?
A: A lease may contain an automatic renewal clause. In such case, the landlord must give the tenant advance notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (General Obligations Law § 5-905).
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