Paid early termination fee, then realized it’s not in my lease…landlord now wants addendum signed
I’m looking for advice regarding an early lease termination situation in upstate New York.
I’m moving out of state and contacted my landlord about ending my lease early. I was told I needed to provide 60 days written notice and pay an additional fee equal to two months rent ($3,950). They emailed me a single-page Notice to Vacate form, which I signed and returned, and I paid the fee.
Afterward, I reviewed my original signed lease and realized that nowhere in the lease or Notice to Vacate form does it mention a flat early termination fee or penalty. The lease only states that tenants must provide 60 days written notice before vacating.
I reached back out asking where the fee was authorized in the lease. In response, the landlord sent me an “Early Termination Addendum” and asked me to sign it. They said they “thought” they had included it with that 1-page vacate notice, but they had not. This is the first document I’ve seen that actually mentions the 2-month fee and states that it overrides conflicting lease terms.
At this point: • the fee has already been paid • the addendum has NOT been signed • the lease is still active • the original lease does not appear to contain this fee
My concern is whether a landlord can introduce a new addendum mid-lease with a substantial financial penalty that was not part of the signed lease agreement, especially after payment was already made.
I understand I should have reviewed the lease more carefully before paying, but I’m trying to understand/confirm
that I am not obligated to sign this addendum (or any addenda and can just go along with the terms set forth in the actual lease) , whether payment alone validates the fee, and whether I have grounds to dispute or negotiate the charge since the fee does not appear in the original lease.
My current plan is to respond that I’m not comfortable signing the addendum and request a review/refund or negotiated resolution before escalating further if necessary.
Would appreciate any advice or insight from anyone familiar with NY tenant law or lease termination issues