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June 15, 2009
Tenant Refusing to Sign Lease
I have a tenant whose lease is expiring in August. The tenant has refused to sign the new lease. What are my options?
Comments
You try to get Vinny fingerbreaker to talk to him? Don't these miserable tenents know that not only do you control where they live and how they live, but you also control every other aspect of their lives? These peasants have no respect for us rich snotty folks
Posted by: hannible at June 14, 2009 9:38 PM
You have options-- and the situation(s) will dictate your process-- Is your bldg rent controlled/stabilized? Are there minors in the unit? Section 8? Any of the tenants handicapped? Have the tenants defaulted?
You mentioned they haven't signed the lease-- have they refused to sign or are they just delaying? Are they behind on the rental payments? Until they default on the lease you can't move for eviction--
If they are playing with you, get a good lawyer, and follow his/her advice. Time IS money in real estate after all.
On the other hand, have you tried asking what the tenant is
planning to do? There is nothing wrong with approaching them with respect, and just a little curiosity--
Posted by: Brooklander at June 14, 2009 10:23 PM
the apartment is rent stabilized. no minors, section 8, or handicapped tenants. tenant did not default. I suspect that the tenant is trying to kill time and say that he never got the lease. I understand that a rent stablilized apt has to give the lease 120-150 days before the lease expired. I handed him the lease during that period.
Posted by: landlord at June 14, 2009 10:29 PM
Ignoring the first post from that nutcase, I have no idea what that guy's on this time.
Brooklander's questions are legit. Landlord, you didn't give anymore info so I'll say: If the apt is rent stablized, assuming you sent out a lease renewal form reflecting RSA 1 year or 2 year lease options. The lease gets renewed (at the new rate by default.) If it's a free-market apt and I may be wrong but my understanding is - once the lease expires, they have to move out, if they don't it becomes a month to month tenancy in which you have the right to charge your new rent, it also gives you the right to give 30 days notice if they refuse to pay it. Did they literally refuse to sign? Or maybe they haven't gotten to it yet as it's still over a month before the lease ends, I would take Brooklander's advice and find out if it's just a delay, if not, speak to your attorney.
Posted by: Crownlfc at June 14, 2009 10:57 PM
As a landlord myself, if I were you, I'd call a real estate attorney for advice first.
Or you could mail the renewal lease certified return receipt to the tenant ASAP.
If the tenant doesn't return the executed lease, your attorney can start a holdover case, I believe.
If you don't have a real estate attorney, call the Rent Stabilization Association. Maybe they can help you.
Posted by: IronBalls at June 14, 2009 11:15 PM
Thanks so much for the advice. The certified return receipt will go out this morning. I will follow up with a real estate lawyer.
Posted by: landlord at June 15, 2009 7:27 AM
It sounds like you haven't even tried talking to the tenant. I would pick up the phone or pay a visit to the apartment before getting an attorney involved or anything like that, it could just be a misundertanding easily solved by a conversation.
Posted by: collin85 at June 15, 2009 8:54 AM
I'd bet good money that the tenant is just waiting to see what the new Rent Guidelines increases will be.
He/She won't want to sign a two year if the new percentages are low.
I've had similar experiences with stabilized tenants waiting until after the board votes before returning their lease. It's annoying but not that big of a deal really.
Posted by: surly at June 15, 2009 9:52 AM
when did you give them the renewal notice? - They have 60 days to respond.
And if what will you do differently if they do renew or not renew? - Do you want them to stay or not?
Does it really make big difference to you - your plan of action if they give 15 days notice or 60?
You say expiring in August. This is June 15th. Does expiring in august mean Jul31 or aug 15th or august 31st?
Posted by: Petebklyn at June 15, 2009 10:32 AM
If it is stabilized the lease automatically gets renewed. You send a letter stating that because they have not replied to the renewal, and have not given notice of moving, their lease is automatically renewed for 2 years. Some tenants are just lazy and dont return the paperwork. the lease increase is already determined by the begining date of the lease. dont spend more money on lawyers. This is a simple matter. Nolo press has a great book explaining rent stabilized procedures.
Posted by: tsarina at June 15, 2009 10:52 AM
tsarina is absolutely correct. Most protected renters don't bother to sign their leases. It is a state-run system, they are covered -and protected- in spite of themselves. You will only end up out-of-pocket with an attorney. It sounds like the tenants in this case are more savvy than the landlord. In small buildings that have recently changed hands that is often the case. There is a lot of misinformation out there, probably put out by realtors, pertaining to renters' rights. Over time I have noticed many posters on this bloig minimize the trouble and aggravation of dealing with, let alone evicting, rent regulated tenants. Remember, the system was entirely devised for their benefit and protection. As a landlord, you are the villain.
Posted by: sam at June 15, 2009 10:59 AM
Get another tenant.
Posted by: East New York at June 15, 2009 12:25 PM
I personaly handed her a copy of lease today. She said that she missplaced the original (twice). She said she will look it over before signing it.
Posted by: landlord at June 15, 2009 3:01 PM
She lost it twice -shows how important it must be to her.
Posted by: sam at June 15, 2009 4:54 PM
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