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  1. #1
    Join Date
    Jan 2012
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    2

    Default Legality of Clause in Lease That Gives Power of Landlord to Cancel Lease

    My question involves an eviction in the state of: New York

    I recently renewed my lease (about 3 months ago). However I was given a notice on December 30th from my landlord to vacate in 60 days. The landlord in his notice is citing a clause in the lease that states that 'the landlord can cancel the lease with 60 days notice.'

    This clause is in my lease, I am not questioning that. But I was wondering about the legality of the clause.
    Is that a legal clause in NY? The unit is not rent controlled.

    We realize that living in an apartment where you don't get along with the landlord is toxic and plan to vacate but we would like to get a little more time if possible.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Legality of Clause in Lease That Gives Power of Landlord to Cancel Lease

    If this is a month-to-month lease, terminable upon 60 days notice from the landlord, there would be nothing particularly surprising about the arrangement. Fill us in on the details.

  3. #3
    Join Date
    Jan 2012
    Posts
    2

    Default Re: Legality of Clause in Lease That Gives Power of Landlord to Cancel Lease

    There was an annual lease signed 15 months ago with a 1 year renewal signed about 3 months ago.

    In the original lease there is a clause that states -
    “landlord can terminate this agreement with 60 days notice”

    I realize that just because it is in the lease doesn’t mean it is legal so I am trying to figure out the validity of that clause. What peaked my interest was that the clause holds the tenant to one standard and the landlord to another. In NJ I know in buildings of 3 units or larger the landlord needs to have a valid reason to evict and/or not reniew a lease but I dont know anyone that is an expert in NYC. I know if the unit was rent controlled the landlord can’t do a ‘no cause eviction’ but in this case the unit is not rent controlled.

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