Can a landlord evict us even though we have an automatic renewal clause in our lease?

Asked over 1 year ago - Syracuse, NY

We signed a year lease last july that expired on june 31rst of this year. the lease has automatic renewal clause that states that the lease automatically renews on that date unless we give the landlord 45 days prior notice. Landlord did not inform us of lease renewal, so a month later, we assumed our lease had automatically renewed til june 31rst of next year. The landlord has cashed our rent check for the 1rst month under lease renewal agreement, but has requested that we move in 30 days. this was all done through text message. She wants us to pay our full rent for aug, even though we would be moving at the 2nd week of the month at her request, which has hurt us financially. she then threatened to keep our security deposit if we didnt comply. can she evict us? do we have to pay for aug?

Attorney answers (1)

  1. Steven Warren Smollens

    Contributor Level 20

    Answered . Dear can a landlord evict us even though we have an automatic renewal clause in our lease?

    If you are correct and your lease renewed without any need for you to give notice to the landlord (unless you were planning to move out), then your lease is still in effect through June 30, 2013. Unless the landlord has a reason to terminate your tenancy on a claim of a default under the lease, as long as you continue to pay rent, the landlord has no basis to evict you.

    To be certain that your lease renewed on its own, see a local attorney. An attorney should be able to provide an opinion that you have a current lease.

    In any circumstance, your landlord cannot "terminate" your tenancy with a text message.

    Read more about your rights as a tenant at:

    http://www.ag.ny.gov/sites/default/files/pdfs/p...

    The answer provided to you is in the nature of general information. The general proposition being that you should... more

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