Lease - early termination provisions

[clinn]

What is the name of your state? New York (not NYC if it matters)

My daughter is in an apartment, under a one year lease. She wanted to move out 4 months early, and (I'm her dad writing) based on my non-lawyer reading of the lease, it appeared to have a 60 day advance notice clause (text will follow). Based on this, she gave what we interpreted as 60 day notice on 2/28 (her lease normally would end at the end of August). However, when we checked recently with the landlord after hearing no acknowledgement, she indicated that this would require breaking the lease, with a $1500 penalty clause based on a document she had (not a signed part of the lease). On a second reading, I can read the section 1.2 below two ways, and understand where she's coming from. I am looking for some legal eyes to look at the applicable lease sections and give opinion on if I have a (small-claims court) case that the lease was misleading, or if its pretty clear the text was instead meant to say "give us 60 days notice before the end of your lease to inform us if you plan to continue. Ok, here is the relevant sections of the lease, and thank you in advance for any recommendations either way:

1.2 LEASE DURATION
The terms of this tenancy shall commence on 09/01/2024 and end on 08/31/2025 at NOON, hereinafter referred to as the (“Term”) with
the option (by either party) to terminate with a written 60-day notice prior to the lease ending month, unless terminated at an earlier date
in accordance with the provisions of this Lease dealing with default. It is agreed that a written 60 days notice prior to the first of the lease
terminating month is required to move out.

. . .
3.4 MOVE-OUT
You will give us a written notice with your intent to vacate 60 (sixty) days prior to the date of expiration of the Lease Contract. In such notice,
you will include your forwarding address. The move-out inspection will be conducted on the move-out day between the hours of 9 am &
5:30 pm. There may be additional fees if not conducted within the said time frame.

Thanks,
Chuck

 

[Zigner]

There is nothing misleading about the lease. The lease ends on 8/31. If she intends to move out when the lease ends ("...the date of expiration of the Lease Contract.") then she needs to give written notice 60 days prior to that.

 

[zddoodah]

I am looking for some legal eyes to look at the applicable lease sections and give opinion on if I have a (small-claims court) case that the lease was misleading

Two comments here. First, this has nothing to do with you. Second, if the lease was misleading, why did she sign it without seeking clarification? A contract is an expression of the parties' mutual intent. If she didn't understand something, she shouldn't have agreed to it. Yes, I know, no one reads contracts before signing, but that doesn't excuse her.

With that said, it is quite clear that the two sections quoted provide no ability for either party to terminate the lease early without the concurrence of the other party.

 

[FarmerJ]

If you think you should consult with a landlord tenant attorney in your state to make sure that the lease is clear then your free to do that BUT I suggest before you spend money on a attorney to sit down with your adult daughter and remind her if she doesnt settle this matter with the former landlord and the landlord sues her what will happen is there will be a paper trail that can be used as the reason to refuse to rent to her in the future by another landlord ( the logic would be if XYZ had to sue a former tenant then why would I/ We risk history repeating again ) Encourage her to make payment arrangements if she must to clear it up .