Latham, NY asked in Landlord - Tenant for New York

Q: Does a written lease agreement take precedence over previous leases/intent when the listed lease term is incorrect?

My fiancée and I have lived in our current apartment in Upstate New York for just under 8 years. After the first, our leases have historically run 1 Oct--30 Sep. We've been happy with the property and management, but an opportunity arose to upgrade to a townhouse in a community that rents out quickly and stays rented (10--20 year tenancies are common, especially in the floor plan we're interested in). In reviewing requirements to break our current lease, I noticed that, according to the current written lease agreement, this year's term is 1 July--30 June. This appears to be an oversight---our rent increased in October, as usual---but I'm wondering if it works in our favor. Is the written lease agreement binding, or can the property management company assert that the lease runs through September?

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Generally, the terms of the most recent written lease control the term of the tenancy, including the end date of the lease.

Steven Warren Smollens agrees with this answer

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