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In 10/2013, does the lease renew as a 2 yr (10/1/2013 -9/30/2015) or 1 yr (10/1/2013 - 9/30/2014) term, unless ended in writing?

New York, NY |

I am new to managing an apartment building located in New York City. I need help in interpreting the following lease clause.“Land lord leases to Tenant the Apartment #6 for the period beginning October 1,2011 to September 30,2013, at which time the lease agreement shall automatically renew each year unless terminated in writing.“

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Attorney answers 1


Dear managing agent:

One way to find original intent is to ask the landlord how the renewal term was created. The tenant may tell you that the lease renews for one or two years. Based on your statement the landlord may have decided to renew a lease on an annual basis ("renew each year") without a rent increase and reserve the right to end the lease. The tenant would claim that the lease renews annually, unless the tenant decides not to renew the lease.

You may need source information from the landlord.

Note that if the renewal provision is ambiguous, a court could interpret the ambiguity in favor of the tenant unless there are other terms in the lease that resolve the conflict.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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