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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Breaking Lease Renewal Before Lease Term Begins

    My question involves landlord-tenant law in the State of: NY

    I just signed a lease renewal (a short form) of an already existing full lease. The new lease takes effect May 1, 2011. It takes a few weeks for the renewal to get approved and returned to me. During this period, if I decide to move out, can I ask the landlord to get out of the renewal, or am I legally bound even though it's almost two months for the new period to kick in? How much LEGAL flexibility is there? Thank you for your help and advice.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Breaking Lease Renewal Before Lease Term Begins

    Exactly what do you mean by "It takes a few weeks for the renewal to get approved"? Who has to approve it, and what's the approval mechanism?

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Breaking Lease Renewal Before Lease Term Begins

    The renewal, signed by me, goes through a review with the management company. My copy is returned to me by mail a few weeks after submitting it to them. I get it back sometime in the last month of the old lease. It's always been approved in the past. My original question is, during this process, is my submitted signature binding, or is the renewal approval process a "limbo" period, legally, where I can back out? Note that the management company is free to back out and reject during this time, without much advance notice for me to vacate.

  4. #4
    Join Date
    Jan 2011
    Location
    California
    Posts
    90

    Default Re: Breaking Lease Renewal Before Lease Term Begins

    Technically there is no agreement until the landlord also agrees (usually indicated by the landlord's signature, or in this case the management company), but in essence you have indicated your commitment to agree by signing the document already. It's a little bit of a grey area but generally no, you cannot backout unless the landlord mutually agrees. You will still need to give your landlord notice of your intent to terminate the tenancy ("move out notice") with whatever minimum time is required under NY law, even if your current lease is already expired at that point.

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