Early termination clause

[Indio2024]

What is the name of your state? NY

This is the clause - 'Beginning 4/1/2025, Lessee shall have the option to terminate this lease by giving written notice of that intention and identifying the early termination date to Lessor at least 90 days prior'.

My question is if the tenants can give the notice as of 4/1/2025 and terminate the lease on or after July 2025*** OR *** can the tenant give notice from 1/1/2025 and terminate the lease on 4/2/1/2025?

If it's unclear, please advise how to make it more straightforward.

 

[quincy]

What is the name of your state? NY

This is the clause - 'Beginning 4/1/2025, Lessee shall have the option to terminate this lease by giving written notice of that intention and identifying the early termination date to Lessor at least 90 days prior'.

My question is if the tenants can give the notice as of 4/1/2025 and terminate the lease on or after July 2025*** OR *** can the tenant give notice from 1/1/2025 and terminate the lease on 4/2/1/2025?

If it's unclear, please advise how to make it more straightforward.

Are you a landlord/owner drafting a lease with this early termination clause, or are you a tenant who received a lease with this clause?

 

[Indio2024]

Are you a landlord/owner drafting a lease with this early termination clause, or are you a tenant who received a lease with this clause?

I am the landlord - thank you

 

[Indio2024]

I thought to change it as follows:

Lessee's Option: Starting April 1, 2025, Lessee may terminate this lease by providing Lessor with written notice at least 90 days before the desired move-out date. Therefore, the earliest move-out date is July 1, 2025.

Lessor's Option: Starting April 1, 2025, Lessor may terminate this lease by providing Lessee with written notice at least 90 days before the desired move-out date. Therefore, the earliest move-out date is July 1, 2025.

 

[LdiJ]

I thought to change it as follows:

Lessee's Option: Starting April 1, 2025, Lessee may terminate this lease by providing Lessor with written notice at least 90 days before the desired move-out date. Therefore, the earliest move-out date is July 1, 2025.

Lessor's Option: Starting April 1, 2025, Lessor may terminate this lease by providing Lessee with written notice at least 90 days before the desired move-out date. Therefore, the earliest move-out date is July 1, 2025.

That makes more sense, however 90 days is an extraordinarily long notice period. Also, what happens if the tenant needs to move out before July 1, 2025? Why does it only mention "starting April 1, 2025"? Is the lease period longer than that? Your notice period should not contradict your lease period or not allow for move out at the end of the actual lease period. Nor should your notice period contradict state law/area norms.

 

[adjusterjack]

I thought to change it as follows:

Lessee's Option: Starting April 1, 2025, Lessee may terminate this lease by providing Lessor with written notice at least 90 days before the desired move-out date. Therefore, the earliest move-out date is July 1, 2025.

Lessor's Option: Starting April 1, 2025, Lessor may terminate this lease by providing Lessee with written notice at least 90 days before the desired move-out date. Therefore, the earliest move-out date is July 1, 2025.

Former landlord here.

Why do it at all?

I didn't. Wouldn't.

 

[quincy]

I am the landlord - thank you

Thank you for answering my question, Indio2024.

Unfortunately, no one on this forum is able to actually assist you in drafting your lease without violating conditions of this forum and/or violating attorney professional rules. Drafting contracts is the practice of law and requires the services of an attorney licensed to practice in your own jurisdiction.

If your leases are year-long leases, you as landlord cannot change the terms of the lease’s length just because you want a tenant to leave early. A landlord cannot decide to terminate a lease early without cause (e.g., lease violation), this whether notice is given to the tenant or not (with few exceptions). Are you offering month-to-month tenancies that are automatically renewed each month?

https://ag.ny.gov/sites/default/files/tenants_rights.pdf

The standard period of time to give notice of early termination of a lease (by a tenant to a landlord) is 30 to 60 days. Your leases can and probably should spell out what is required of your tenant when wanting to terminate a lease early (e.g., 60-day written notice) and can and probably should spell out what the consequences are of terminating the lease early (e.g., early termination fee, owed rent).

I suggest you have your leases personally reviewed by an attorney in your area to make sure your leases are enforceable as written.