Tenant Lease Renewal - Landlord not responsive

[Kevin McCormack]

Hi BP,

I live in an 100 unit apartment complex in Westchester County, NY. My lease runs out 2/28/22. Per the terms, I need to provide 45 days written notice of my intent to either renew or vacate the premises.

I’ve followed up with the management company and have yet to receive a response or renewal. We are quickly approaching the 45 day deadline which is this Friday (1/14). I’d like some time to think over whatever proposed renewal terms are presented, this building changed ownership in early 2021 for the worse, so want to take everything into consideration here regarding a renewal.

What options do I have or rights surrounding this? Does it even matter if they don’t get me the renewal 45 days out? I guess my real questions are:

Can I be penalized for their failure to perform, assuming they don’t send me the renewal prior to that 45 day mark?

Can I use this as any kind of leverage when negotiating my renewal increase? Or is this just wishful thinking?

Appreciate any insights from the community here.

Thanks!

[Ceasar Rosas]

@Kevin McCormack

Hi Kevin,

How long would you need to review that lease before you decide? I don't think a couple of days here or there would hurt. I am not an attorney, but I can't see them coming after you for anything if you decide to leave. Especially if you have been a good tenant who pays on time. If the lease ends wouldn't you roll into a month to month tenancy? I think you'd be OK telling them you would be leaving April 1st and still be OK to not get penalized. Of course best advice is to speak to an attorney, but I wouldn't overthink this one.