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September 24, 2008
Tenant Lease (non-renewal)
Hi -- I have a three unit bldg and wish not to renew to one of my tenants (their lease is up in 90 days). In the 'New York Landlord Guide' I read this is well within my right as the building owner, however, I expect some drama from said tenant once I deliver the news.
Has anyone else been through a similar situation?
I plan on delivering a letter stating I'm electing not to renew their lease to them.
Thanks.
Comments
Unless the apartment is rent-regulated, the call is yours whether you want to renew or not. Do the right thing and give the tenant as much lead time as possible to find a new place and pack. As to drama, check your own approach to be sure it's not a contributing factor. Be clear on what final outcome you desire, and what flexibility and good will you can bring to accomplish it.
Posted by: vinca at September 24, 2008 1:07 PM
Also, send the notice of non-renewal or termination by certified mail with a return receipt. This should mitigate conflict which might ensue in a face-to-face confrontation and acts as legal evidence of notice to tenant.
Posted by: aktony at September 24, 2008 2:07 PM
I would second aktony on delivery by certified mail. Be very careful to maintain a paper trail and do not give a reason for non-renewal. Just state that you are not renewing and that you expect the tenant to vacate on such and such a date, and that you will inspect the property with the tenant on that day and provide a refund of the security deposit at that time. If you want this person gone, don't nickel and dime them on maintenance, just get them out the door and paid off.
Posted by: bohuma at September 24, 2008 2:29 PM
I did this. Unpleasant, but not the end of the world for either party.
One, I hand delivered the letter, which was worded in very specific legalese. Found it online somewhere. Certified mail works too I guess.
Two, it's 30 days notice to the end of the calendar month in New York, not exactly 30 days. So give them the letter October 2 and they have 30 days from the end of October, i.e. too the end of November. Give it to them Sept 29, and they have 'til the end of October. But as noted above, more notice is nicer.
Good luck.
Posted by: Johnny at September 24, 2008 2:43 PM
Depending on how adversarial your relationship w/ them is, I'd both send certified & hand deliver. On a separate kind of issue I had someone simply decline to accept &/or pick up a certified letter so I had to start at a new date to get a start for a deadline & it took the post office several weeks to return it to me after it hadn't been accepted so I lost a great deal of time.
Posted by: Arkady at September 24, 2008 4:11 PM
youre supposed to do certified and regular mail at the same time.
Posted by: slick at September 25, 2008 1:30 PM
Thanks much, all. Appreciate you taking the time.
Posted by: west2411 at September 26, 2008 12:12 AM
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