By Dov Treiman
October 22nd, 2010
Q: I am a co-op shareholder who rented my unregulated apartment to a couple for one year. In their new lease, they asked me to include a clause that would allow them to move out with two months’ notice. I agreed, and included a similar clause for myself in case I wanted to move back in. My fiance´ and I recently ended our relationship, and I now want to move back into my apartment. Am I within my rights to ask the tenants to vacate the apartment in two months?
A:“A lease with an “early termination? provision is completely enforceable both in residential and commercial tenancies in New York City,” said Dov Treiman, a Manhattan landlord-tenant lawyer. “In unregulated housing, the parties can agree to practically any amount of notice on both sides,” he said.