Landlord Question and Answer Forum

Lease states that if tenant does not wish to renew the lease, written notice must be given at least 30 days before the end of the term. My tenant stated his intention to renew his lease. Several days before the end of the lease, he stated he changed his mind and did not want to renew. What are the consequences for him? Can I keep his security deposit? I didn't show the apartment because he intended to renew. The apartment is in Albany, NY.

I believe that if you didn't get a signed agreement from tenant to extend the lease the lease terminates on the termination date with no consequences to tenant unless tenant occupies property beyond the termination date.......Security Deposit - you probably could deduct rent for the days that tenant remains on property beyond termination date......On another note - if your lease states that tenant determines (not owner) if tenant can renew the lease, I would look for another lease (unless law dictate otherwise). Near the lease termination date, landlord should remind tenant that their lease is about to expire. At this time landlord should either give tenant the option to renew the long term lease, offer a month-to-month, or tell them that you are not renewing their lease (and why if law requires) and they will have to vacate the property on the termination date. If tenant(s) decides to renew the lease have them sign/date an agreement showing the date for the new lease terms. This should protect you if tenant decides to change their mind at the last minute.

Posted by Stan M, CA on Saturday, July 29, 2017