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December 1, 2007
landlord/tenant advice
Hello all,
I have a tenant in a market-value unit (i.e. not rent-stabilized or controlled) who committed via email to renew their lease on September 28th. (The old lease was to expire Oct. 30th) The tenant then changed their mind and, on Oct 9th, told me she was not going to renew. She moreover did not have the place ready for the new tenant until Nov. 3rd (i.e. after the lease had expired). We had a standard Blumberg lease. I am wondering if either of these issues gives me authority to keep her 1 month's security deposit. I obviously want to do what's legally correct, but at the same time don't want to be unnecessarily taken advantage of.
Thank you in advance for your input and happy holidays.
Comments
Well, as a landlord myself, I wouldn't sweat the 'change of mind' (though it's a drag) an email is like a verbal agreement. but I would charge the 4 days at pro-rated fee (at the new rent) for the extra days. That's totally legal to do. After 10/30 someone else holds that lease and she is required to vacate or pay. If you had to scramble and get a cleaning service in at the last minute ($$$) I would charge her for that as well.
Posted by: guest at December 1, 2007 9:16 PM
Two issues. First issues, the tenant didn't sign the lease after saying they would. This means nothing. The lease is the legally binding agreeement not some email. By the way, you should sign a lease three months before expiration not one month.
Second issue: the tenant did not move out when the lease expired. This makes them a holdover tenant according the Blumberg lease. They owe you one months rent. You may prorate the rent as the above poster says, but what are you running, a hotel. Legally they owe you one months rent if they do not move out when the lease expires.
Posted by: guest at December 1, 2007 9:55 PM
Charging the tenant for the extra days she occupied the space is perfectly fine, a months rent for three days is unreasonable. Charge the 3 days and return the Balance, If she takes you to court is it really worth the Hassel of paying your attorney to just hear the judge order you to pay the balance anyway (nyc courts are pro tenant)
Posted by: guest at December 2, 2007 2:09 AM
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