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kennedysmom · Apr 9, 2007, 01:24 PM

I just moved into my dream house. It is gorgeous, and there is an offer to let us buy the property at the end of our one year lease. Today the landlord dropped off the copy of the lease and at the bottom there is a starred clause that reads "Landlord may terminate lease with a proper 30 day notice anytime throughout the year contract." This clause is handwritten and my husband and I are BOTH sure it wasn't there when we signed the lease. The landlord promises the clause has always been there but we would not have signed a one-sided lease giving us no security.

My husband asked the landlord to rewrite the lease, taking that clause out. The landlord refuses, stating he needs to protect himself. The problem is that we are locked into the lease for the full year~ we have no 30 day out like he does. It's like he has a month-to-month on his end, but we are locked in on ours. I don't see how that can be legal.

The landlord finally decided that after 30 days, if all is well, he will rewrite the lease without the clause, but we are afraid that after 30 days we will have no out of the lease legally and will be locked in regardless. Is there a grace period on lease contracts in NY, and if so, how many days is it?

ballengerb1 · Apr 9, 2007, 01:30 PM

You need to think twice about later buying a home from this same man. He dishonesty will reappear in almost every deal. If he wrote that clause you are a month to month tenant and are not locked for a year, your rent is locked but you could leave with a 30 day notice to him. Ask him if he'd now like to reconsider writing a new lease without the clause. There is no grace period by the way, that's for unsolicited sales.

Fr_Chuck · Apr 9, 2007, 01:40 PM

A handwritten additional clause is not binding, unless you and the landlord has initialed the addition. You need to in certified mail notify him that no additional added wording is binding.

** you needed to get a copy at the time you signed, and you would have had proff,

excon · Apr 9, 2007, 01:41 PM

Hello k:

Your landlord doesn't understand what a lease is. He wants it be month to month as far as kicking you out, but YOU'RE locked in for a year. Tell him it doesn't work that way.

I know... He thinks it is. There is a message in there. I would listen very closely to it. This is a guy who you NEVER want to do business with, as ballengerb says.

I don't know what you mean by "grace period". If you're asking how many days you can be late with the rent before he drops the hammer on you and takes your house away?? The answer is 2 minutes or less.

Run for the nearest exit.

excon