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new condo owner should know before sending out termination of lease letter

Started by newyo
almost 18 years ago
Posts: 15
Member since: Sep 2007
Discussion about
I am a condo owner and currently rent my condo out to a fussy couple. They paid market rent which's more then $3,000. They have one year lease and the lease will expire within 3 months. Anything I should bear in mind before I send them termination of lease letter. What can they do in order to stay. I know they like my condo but I don't like them.
Response by mattthecat
almost 18 years ago
Posts: 62
Member since: Feb 2008

If the original lease was either a Blumberg form lease or a REBNY form lease (it should be clear from the heading, but those two cover 99% of condo lease forms) then sending a 424(b)9 letter to the tenants 61 days prior to the expiration of the lease will explain your termination of the lease following the original lease term. Any stationary store can direct you to the Blumberg forms - ask for the 424(b)9 and otherwise if you leased the apartment through a broker, that broker ought to have it as well.

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Response by newyo
almost 18 years ago
Posts: 15
Member since: Sep 2007

What excuses or blames the tenant could or might bring up in order not to leave regardless of the lease expiration?

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Response by mkratter
almost 18 years ago
Posts: 16
Member since: Jan 2007

When the NY County Sherriff shows up, there are no excuses.

Contract is contract.

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Response by newyo
almost 18 years ago
Posts: 15
Member since: Sep 2007

Blumberg forms - 424(b)9 requires both the landlord and tenant to sign. What if the tenant...

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Response by poorishlady
almost 18 years ago
Posts: 417
Member since: Nov 2007

You're a new condo owner? You can just nicely tell them something like you want to move in yourself ----whatever. Are they elderly and blind or disadvantaged in some way? Prob. you have no worries.

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Response by newyo
almost 18 years ago
Posts: 15
Member since: Sep 2007

poorishlady, they are working couple in their 40s.

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Response by newyo
almost 18 years ago
Posts: 15
Member since: Sep 2007

Also I noticed from the lease, it says term of lease, 1 year from July 25 2007 to July 31 2007. There is a clerical mistake on the expiration date. Does it matter?

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Response by mattthecat
almost 18 years ago
Posts: 62
Member since: Feb 2008

newyo
19 minutes ago
report abuse Also I noticed from the lease, it says term of lease, 1 year from July 25 2007 to July 31 2007. There is a clerical mistake on the expiration date. Does it matter?

yeah, you are pretty much screwed - there's a special loophole in landlord tenant law that favors the tenant if the 1 year lease is for more than 365 days (366 in a leap year).

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Response by poorishlady
almost 18 years ago
Posts: 417
Member since: Nov 2007

Double check on this with an attorney. If you're screwed, it's only for another year . . . . . And Mat The Cat might be wrong.

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Response by mattthecat
almost 18 years ago
Posts: 62
Member since: Feb 2008

What kind of attorney do you expect this guy to speak to?

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Response by inquirer
almost 18 years ago
Posts: 335
Member since: Aug 2007

newyo - tenants on condos and co-ops DO NOT have the protection the tenants in rental buidings have. If you don't want them to stay for another year, you DOT HAVE TO offer them another lease. I have 3 rental properties and never had trouble with anyone.

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Response by newyo
almost 18 years ago
Posts: 15
Member since: Sep 2007

live and learn

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Response by poorishlady
over 17 years ago
Posts: 417
Member since: Nov 2007

There's another thread with this same discussion . . . . . started by same OP

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