Q: I am a tenant in Manhattan and my lease--which runs through August 3 2023-- stipulates that the landlord gives 60 days n
I am a tenant in Manhattan and my lease--which runs through August 3 2023-- stipulates that the landlord gives 60 days notice either to 1) increase rent by more than 5% or 2) if they don't intend to renew the lease. My landlord just told me that he wants to increase the rent by more than 5% but my lease is up in 45 days. When I informed him of this, he said that he's now giving me 60 day notice and I need to vacate by August 15.
Am I correct in understanding that by failing to give me notice prior to June 3 (i.e. 60 days prior to August 3), that the landlord is now obligated to renew the lease with <5% rent increase, or does the landlord have the right to do what they suggest, which is to have me move out two weeks after the expiration of my current lease?
A:
Dear Manhattan Tenant
No. There's no obligation to renew the lease when the tenancy is not Rent Stabilized.
State law requires that the landlord provide written notification of the fact that the landlord is not renewing the lease.
Sixty days advance written notification is a minimum amount of time and case law says that August 15 is not a proper date. The end date should be the last day of a rental period. With the lease expiration coming up on August 3, rent is due for the entire period of time running from August 4 to September 3.
The correct date should be September 3.
If you insist on proper notice you get one more month to move out.
In NYC this written notification is served by a process server.
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