rental advice needed
we have a tenant in our ground floor apartment. his lease is up in february. he has let us know that he’s planning on moving away and would like to go month to month until he knows his move date. we have found a prospective tenant who would like to move in may 1st. when…
we have a tenant in our ground floor apartment. his lease is up in february. he has let us know that he’s planning on moving away and would like to go month to month until he knows his move date.
we have found a prospective tenant who would like to move in may 1st. when we asked our current renter if i would committ to being out by then, he said no. do we have any recourse here?
thanks in advance
be prepared, they may exit sooner then May, and you’ll be left w/o rent role. May 1 sounds good when cash if flowing, but I would look for others to take the space sooner then later
Tell them that, effective May 1st, the rent is going up to 5x the current ammount. According to the above cited Real Property Law 232:
“A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice.”
If the current tenant “consents” to the rent increase and decides to stay, you get a lot more money. If he doesn’t, then serve him a termination letter as of May 1st.
The previous posters are correct. A month to month lease may be terminated by either party with at least one month’s prior written notice. If you provide notice that the month to month lease will terminate as of May 31 or such other date that corresponds to the monthly lease term, then the tenant will have to vacate after that date.
yeah that is correct: month to month means that you give the correct amount of notice and the enant has to clear out.
you might point that out to them, perhaps they misunderstand what month to month means.
You haven’t done anything wrong OP. And there’s no cake eating issue.
Once the lease is up, I believe NY law states month-to-month is a given but both sides have to provide a minimum of 1 month’s notice. Key being both sides.
Month-to-month doesn’t mean tenant stays until he/she/they don’t want to any more. It means tenant stays until either party gives one full month’s notice (i.e through the end of the month following the month notice was given) that either party wants a lease-less arrangement to end.
Search for Real Property Law 232.
If you want tenant to vacate, need to give them a notice to vacate letter – the exact text of which you need to take from a web site. It’s pretty harshly worded but I handed it to my former tenant and explained that I was being amicable but was required to give this specific letter.
Good luck!
Once the lease is up, I believe NY law states month-to-month is a given but both sides have to provide a minimum of 1 month’s notice. Key being both sides. You haven’t done anything wrong. Month-to-month doesn’t mean tenant stays until he/she/they don’t want to any more.
Search for Real Property Law 232.
If you want tenant to vacate, need to give them a notice to vacate letter – the exact text of which you need to take from a web site. It’s pretty harshly worded but I handed it to my former tenant and explained that I was being amicable but was required to give this specific letter.
Good luck!
OP: what does that mean? his lease says that it automatically renews for one year unless amendment is made in writing.
You both want something contrary to the lease. You can’t have your cake and eat it too.
OP here. when he asked last month about month to month, we said yes (verbally). does this negate anything?