Renters Rights?
Started by Tallisman
almost 15 years ago
Posts: 121
Member since: May 2009
Discussion about
So, I got a friend, I swear it's a friend and not me. New mgmt took over building about 5 months ago, converting bldg from rental to either condo or coop. Her lease is up 1/31/11, has contacted new mgmt to discuss options, never heard back, never rec'd any correspondence. She's heard through grapevine, they want to raise rents exhorbitantly to get renters below market to vacate first. If she sends in same monthly rental payment for Feb 2011 and they cash it, does that imply any contract/rights for her to stay another year at same rate? And conversely, if no contract/rights are established, what is notification process timeline for her to leave. Thanks for your input.
Under rent regs, yes. Barring that, it's month-to-month if LL cashes check. Otherwise she's a holdover and legal action can be taken.
Why wouldn't LL just notify everyone that they're not renewing leases? Are there also rent-regged tenants, and they don't want the tenants to stay if they might otherwise be thinking about leaving?
And what building is this?
I am assuming this is a market-rate unit. If they take the check, then it establishes month-to-month tenancy. They can end such a tenancy with 30 days notice. I'm not sure, but I don't think the tenant needs to provide 30 days notice the other way if they want to leave. Rent may be raised any time, there is no need to have a reason to end month-to-month. I am not sure what happens come 1/31/11 if they don't accept a check: no month-to-month has yet been established until they presumably take the first such check?
In any case, this website has good info:
http://www.housingnyc.com/html/resources/attygenguide.html#3
If I were the management company, I'd continue accepting rent from through April or May. At that point, I'd ask her to sign a 1-year lease at a much higher price or vacate in 30 days. I could command higher rents from the market (rents are higher in the summer) and not worry about finding a tenant (turnover is much higher in the summer).
Right now, your friend has maximum leverage to get a new lease from this or some other owner. The management company knows this, does not want to have a showdown at this point -- happy to let your friend "win" by accepting their month-to-month rent. Until summer, that is.
Anyways, that's how I see it...