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-   -   Month-to-month tenant termination (https://www.askmehelpdesk.com/showthread.php?t=406257)

  • Oct 15, 2009, 09:15 AM
    andrea0320
    Month-to-month tenant termination
    Hi, I'm living in Yonkers, outside of New York city. A two bedroom apartment. I'm renting one bedroom. I have a month-to-month agreement with the landlord. I pay my rent on the first of every month. For example, I pay my rent for October on October 1st. Today, the landlord called and asked me to move out by Nov 1st. Today is Oct 15th. Because he wants to rent the entire apartment to a family.
    Because I'm going to buy a coop before the $8000 tax credit deadline. And I don't want to move to another place and move again to my coop.
    1.Do I have to move by Nov 1st?
    2.if the landlord ask me to move by Nov 15th, should I pay half month rent for Nov?
    3. Can I stay and pay monthly rent until my coop is ready? That is about two to three months.

    Thanks
  • Oct 15, 2009, 03:44 PM
    excon
    Quote:
    Originally Posted by andrea0320 View Post
    1.Do I have to move by Nov 1st?
    2.if the landlord ask me to move by Nov 15th, should I pay half month rent for Nov?
    3. Can I stay and pay monthly rent until my coop is ready? that is about two to three months.
    Hello andrea:

    What your landlord is asking is contrary, on its face, to your month to month agreement. What you're asking of your landlord is equally contrary. So, he can't put you out on Nov 15, and you can't stay longer than 30 days, assuming he gives you correct notice...

    Notice needs to be WRITTEN and include a complete rental period within the 30 days. In other words, notice to move by December 1, would have to be received by Nov 20.

    Even if you correct his wrong, you're still going to be short on the time you need... I understand he "wants" to rent to a family, but does he have one waiting to move in on Nov 15?? I doubt it. He was just expressing his WANTS.

    Fine. If nobody is going to have to rent a hotel until their property is ready, this situation is ripe for negotiation. You want a couple months that you're not entitled to. You landlord wants money. If you NEED those months, and you do, offer him a little extra.

    excon
  • Oct 15, 2009, 05:54 PM
    Fr_Chuck

    He has to give you a 30 day notice in writing, Is the month to month in writing, is the other bedroom empty ?
  • Oct 16, 2009, 06:10 AM
    andrea0320
    Quote:
    Originally Posted by Fr_Chuck View Post
    He has to give you a 30 day notice in writing, Is the month to month in writing, is the other bedroom empty ?
    Does it mean, he has to write in down and the period has to be a rent period?
    The other bedroom is empty, and I think he has the room done, because I got home one day and there was construction workers working there.
  • Oct 16, 2009, 06:19 AM
    andrea0320
    Quote:
    Originally Posted by excon View Post
    Hello andrea:

    What your landlord is asking is contrary, on its face, to your month to month agreement. What you're asking of your landlord is equally contrary. So, he can't put you out on Nov 15, and you can't stay longer than 30 days, assuming he gives you correct notice...

    Notice needs to be WRITTEN and include a complete rental period within the 30 days. In other words, notice to move by December 1, would have to be received by Nov 20.

    Even if you correct his wrong, you're still gonna be short on the time you need... I understand he "wants" to rent to a family, but does he have one waiting to move in on Nov 15??? I doubt it. He was just expressing his WANTS.

    Fine. If nobody is going to have to rent a hotel until their property is ready, this situation is ripe for negotiation. You want a couple months that you're not entitled to. You landlord wants money. If you NEED those months, and you do, offer him a little extra.

    excon
    Thank you for your reply. He has a family waiting to move in on Nov 1st. But I don't think it is reasonable he asked me to move out by Nov 1st. He asked me to rent the whole apartment before, but what am I going to do with the other room? Plus it doubles my rent.
  • Oct 16, 2009, 06:26 AM
    excon
    Quote:
    Originally Posted by andrea0320 View Post
    thank you for your reply. he has a family waiting to move in on Nov 1st. but i don't think it is reasonable he asked me to move out by Nov 1st.
    Hello again, andrea:

    Thanks for clearing that up.

    In answer to your question to Chuck, in real estate matters all contracts/leases/notices MUST BE IN WRITING. As I said earlier, what your landlord is asking of you, is not only UNREASONABLE, it's ILLEGAL.

    WRITE your landlord a letter informing him of the law as I mentioned above. Send your letter certified, return receipt requested... You're going to have a fight with him.. Get ready.

    excon
  • Oct 16, 2009, 06:45 AM
    andrea0320
    Quote:
    Originally Posted by excon View Post
    Hello again, andrea:

    Thanks for clearing that up.

    In answer to your question to Chuck, in real estate matters all contracts/leases/notices MUST BE IN WRITING. As I said earlier, what your landlord is asking of you, is not only UNREASONABLE, it's ILLEGAL.

    WRITE your landlord a letter informing him of the law as I mentioned above. Send your letter certified, return receipt requested.... You're gonna have a fight with him.. Get ready.

    excon
    Thanks. Really appreciated

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