We signed a lease with our room mates that ended August 15, 2019, but says "a one-year extension beginning August 15, 2019 and ending August 15, 2020 is contemplated herein by all parties based on prompt payment of rent." Further down it says "notwithstanding any provision of this lease to the contrary, tenants will become month-to-month at the expiration of the normal lease terms unless renewed or extended by written agreement." They moved out in November 2019 after giving 30 days notice to us and the landlady and claimed they were month-to-month. Can we sue them for rent owed until August 15, 2020?
Dear Brooklyn Tenant
The automatic renewal clause of the lease you made with your Roommates is not effective unless you also provided the proper advance notice required by statute.
In any case, if you have a new lease term, your statutory obligation is mitigate the damages. There is no right to claim entitlement to rent without prompt rental of the space occupied by the former Roommates. Only when you have a new tenant paying rent may you claim damages due to the breach of the lease.
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