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Under principals of New York contract law, the subtenant would be subject to the terms of the master lease, since it was incorporated by express reference in the sublease.
Thus, the 60 day notice provision would apply and all parties would be bound by it.
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Hi J sorry about that I was trying to do 10 things at once I thought I had sent this to you already
No problem. Do you have a follow-up question?
The term of the sublease is month to month with the first and sec months rent prepaid by the subtenant. The term starts on November 1st 2011 at 12:00AM. The subtenant has been granted the option to extend the sublet on a month to month basis up to 8 monhs. -- this is whats under the term section of the contract does that make a difference? I know month to month is usually 30 days notice but since move out notice term is not specifically specified in the contract do i still revert back to the master lease 60 day?
did you get the question?
Yes. One minute.
no problem i wasnt sure if it went through take your time no hurry
The sublease terms and the master lease terms are somewhat at odds. When this occurs and a dispute arises, the court will interpret the contract against the party who wrote it.
So, in this case, if the tenant wanted to get out in 30 days, a court would probably allow that. If you wanted the tenant out in 30 days and they fought, the court would likely find in favor of the tenant on the 60 days.
so it would be difficult to ask him for 60 days?
The law disfavors confusion and will protect the party who did not create it.
It would be difficult to force the issue in court.
However, I certainly would point out that the master lease was incorporated by reference and binds the subtenant to 60 days notice.
if I wanted to push it I could try but to be safe 40 would probably be better
You may ultimately lose in court, but the subtenant may not take it that far if you stick to your guns.
ok awesome thanks for the info
You could also negotiate, sure.
You are welcome. Good luck.
have a great night