My lease is up at the end of the month and earlier this month I found that I may be getting transferred to Europe. This transfer will potentially happen in mid April though and I will find out officially next week. I've asked my landlord/mgmt company if he'd be willing to allow me to stay for the extra month if I paid him extra and he's refusing. I first asked him at the beginning of the month and... [more]
My lease is up at the end of the month and earlier this month I found that I may be getting transferred to Europe. This transfer will potentially happen in mid April though and I will find out officially next week.
I've asked my landlord/mgmt company if he'd be willing to allow me to stay for the extra month if I paid him extra and he's refusing. I first asked him at the beginning of the month and now again.
This leaves me in a situation where my lease is up in a few days, I have no other address because my situation is uncertain for a week or so. Any advice on what you think I should do? Some friends have told me I can pay the rent for April and stay in the apartment and the landlord will probably not be able to "kick" me out unless he starts an eviction process which would take time.
Any advice? Thoughts?
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Response by jason10006
over 13 years ago
Posts: 5257
Member since: Jan 2009
Strange LL who will give up certain money for certain vacancy. Good luck.
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Response by wellheythere
over 13 years ago
Posts: 166
Member since: Dec 2008
There's no way he'll be able to literally kick you out without exposing himself to massive liability. If I were you I would tell him that if he doesn't agree to let you stay for the extra month, you'll just stay anyway and make things messy for him. If he's smart he'll agree.
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Response by alanhart
over 13 years ago
Posts: 12397
Member since: Feb 2007
I'm sure if you offer, say, a 50% premium for the extra month he'll be more inclined to say yes. Add to that an option for a full year (or maybe 11-month) renewal at a premium-to-market higher rate than you're now paying, and what does he have to lose?
And can't your employer who's transferring you eat some of this cost?
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Response by vslse65
over 13 years ago
Posts: 226
Member since: Feb 2011
Always 3 sides to a story.
To ask for an extension (is it a major LL or a private owner?), with 1 month left is asking a lot, especially in this market. Maybe the LL already has a tenant? Perhaps @ higher rent? In any case, I would be nice and ask again until it's a dead issue. At that point, hotel, temp housing, Craigslist, etc... But that's just me.
Good luck though, I do sympathize.
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Response by greensdale
over 13 years ago
Posts: 3804
Member since: Sep 2012
The landlord may have another tenant already in which case you holding over may impact others quite significantly. The landlord to get you out would have to go to court and get an eviction which wouldn't happen in a month but still the landlord could file ASAP in case the extra one month you claim to want to stay is actually more than that. You should also review your existing lease which may have provisions for money damages in situations like this, or not - either way the landlord could sue you in civil court separate from the eviction to collect damages whether they are specified in the lease or if not but you actually damaged the landlord for instance if he had to pay to accommodate the next tenant who couldn't move in as expected.
You should make this more of your employers problem. Sorry for run on sentence.
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Response by columbiacounty
over 13 years ago
Posts: 12708
Member since: Jan 2009
really now.
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Response by aalsberg
over 13 years ago
Posts: 99
Member since: Mar 2011
By staying you open yourself up to a lot of legal problems and although the damage amounts to the landlord my be small if he doesn't have a tenant already lined up, you may end up owing a lot more money to the landlord than you think in extra fees, attorney costs and court costs, just get another place for short term rental it will be a lot easier in the long run, less headaches than moving and cheaper
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Response by Goldie
over 13 years ago
Posts: 182
Member since: Apr 2007
Have you received a lease termination notice at least 30 days prior to your lease ending? If not, you will be on a month-to-month lease which the landlord can then terminate with 30 days' written notice. If you haven't received a written termination notice, just continue paying your monthly rent. If you have received this termination letter with 30 days' notice, you're supposed to move out.
However, if you're really moving to Europe, there would be massive costs in trying to trying to collect any damages from you, so you've got little risk. As a landlord, I'd try and work with you on this because you'll cost me alot more than I could ever collect from you. Good luck.
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Response by kharby2
over 13 years ago
Posts: 279
Member since: Oct 2009
One crucial thing is whether, or not, they cash your holdover rent check.
This difference is if they cash it, they are agreeing by their actions to accept you as a holdover tenant. You're in good shape then. I would go for it.
But a management company is smarter than your average private landlord and probably won't do it.
If it were me, I would just pay rent anyway, and stay put, and sacrifice my security deposit, and hope the transfer to Europe works out.
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Response by greensdale
over 13 years ago
Posts: 3804
Member since: Sep 2012
So tell us punk, are you feeling lucky?
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Response by drdrd
over 13 years ago
Posts: 1905
Member since: Apr 2007
If you're NOT transferred out of town but DO have legal problems with your LL, how much trouble will you have when you're looking for your NEXT place in NYC?
Strange LL who will give up certain money for certain vacancy. Good luck.
There's no way he'll be able to literally kick you out without exposing himself to massive liability. If I were you I would tell him that if he doesn't agree to let you stay for the extra month, you'll just stay anyway and make things messy for him. If he's smart he'll agree.
I'm sure if you offer, say, a 50% premium for the extra month he'll be more inclined to say yes. Add to that an option for a full year (or maybe 11-month) renewal at a premium-to-market higher rate than you're now paying, and what does he have to lose?
And can't your employer who's transferring you eat some of this cost?
Always 3 sides to a story.
To ask for an extension (is it a major LL or a private owner?), with 1 month left is asking a lot, especially in this market. Maybe the LL already has a tenant? Perhaps @ higher rent? In any case, I would be nice and ask again until it's a dead issue. At that point, hotel, temp housing, Craigslist, etc... But that's just me.
Good luck though, I do sympathize.
The landlord may have another tenant already in which case you holding over may impact others quite significantly. The landlord to get you out would have to go to court and get an eviction which wouldn't happen in a month but still the landlord could file ASAP in case the extra one month you claim to want to stay is actually more than that. You should also review your existing lease which may have provisions for money damages in situations like this, or not - either way the landlord could sue you in civil court separate from the eviction to collect damages whether they are specified in the lease or if not but you actually damaged the landlord for instance if he had to pay to accommodate the next tenant who couldn't move in as expected.
You should make this more of your employers problem. Sorry for run on sentence.
really now.
By staying you open yourself up to a lot of legal problems and although the damage amounts to the landlord my be small if he doesn't have a tenant already lined up, you may end up owing a lot more money to the landlord than you think in extra fees, attorney costs and court costs, just get another place for short term rental it will be a lot easier in the long run, less headaches than moving and cheaper
Have you received a lease termination notice at least 30 days prior to your lease ending? If not, you will be on a month-to-month lease which the landlord can then terminate with 30 days' written notice. If you haven't received a written termination notice, just continue paying your monthly rent. If you have received this termination letter with 30 days' notice, you're supposed to move out.
However, if you're really moving to Europe, there would be massive costs in trying to trying to collect any damages from you, so you've got little risk. As a landlord, I'd try and work with you on this because you'll cost me alot more than I could ever collect from you. Good luck.
One crucial thing is whether, or not, they cash your holdover rent check.
This difference is if they cash it, they are agreeing by their actions to accept you as a holdover tenant. You're in good shape then. I would go for it.
But a management company is smarter than your average private landlord and probably won't do it.
If it were me, I would just pay rent anyway, and stay put, and sacrifice my security deposit, and hope the transfer to Europe works out.
So tell us punk, are you feeling lucky?
If you're NOT transferred out of town but DO have legal problems with your LL, how much trouble will you have when you're looking for your NEXT place in NYC?