Non renewal of lease guidelines?
My tenant’s lease expires at the end of June. I called her yesterday to tell her I would be needing the apartment and therefore would not be renewing her lease. She became very angry and wanted to know why exactly, had she done something wrong, etc. I told her I’d be needing it for myself…
My tenant’s lease expires at the end of June. I called her yesterday to tell her I would be needing the apartment and therefore would not be renewing her lease. She became very angry and wanted to know why exactly, had she done something wrong, etc. I told her I’d be needing it for myself since I’m going to be getting married. She countered by saying that if I knew I was getting married then I should have told her even earlier, and then she dropped that she was pregnant, which I had no idea about. Even if I had known, I still need the apt. and need her out. So, my question is, did I give enough time (it’s about six weeks), and will she give me problems because she’s pregnant? Are there certain laws that say I can’t throw her out at the end of the lease because she’s pregnant? It sounds so ridiculous; there are so many apartments available and after all, it IS my house (no rent control or rent stabilized apts.). Any insight would be so appreciated –THANK YOU!
anon
6 weeks is adequate for finding a place. I rented in NYC for 12 years and never signed a new lease more than 2 weeks before taking occupancy. Things move fast in this market.
HOWEVER, 6 weeks is a bit short notice for someone to adjust to the IDEA of moving in any market. Maybe you could have dropped hints earlier, but don’t worry… she will get over it.
If you think she will be a problem, send her a letter offering her month-to-month tenancy at a huge rent increase. That way you can argue you acted in good faith.
In any case, you should be doing all this, or at least following up, in writing via certified mail. I’m not sure about the letter of the law, but in general, I think you’re supposed to give them 30 days to give you 30 days notice in their reply (ie: 60 days total).
Even if this isn’t a legal requirement, it’s a good rule of thumb. Regardless of the legal specifics, your case is a lot stronger both in court and in reasoning with tenants if you can show you acted in good faith.
Very NOT nice, I love that you refer to it as “throwing” her out, because you are almost throwing her out. You really should do the right thing here
Is there a clause in the lease saying she can’t have sex in the apartment?
Nobody was disputing that OP was within his/her rights. People were saying it would’ve been nice of OP to let the tenant know sooner. Why wait if OP knew in advance? It’s just….selfish.
I also give six months notice for non renewal.
That being said, it is your apartment the tenant knows they are subject to a lease. You are within your rights. I do not think additional time or compensation is needed.
If there’s no stabilation, control, then you need to give her 30 days IN WRITING. Verbal don’t count. 30 days is from nearest end of month, so if you gave her notice on May 15 then she’s allowed to stay until June 31. If you gave her notice May 2 then it’s still June 31.
Note, that’s the legal mimimum, not saying that’s what you should do.
I disagree with all of the other posts, 6 weeks is fine. 30 days is all that is required and it makes little sense for anyone to start looking for a new place before that. This person is renting an apt. and their lease ran out. If an extension was so important to her she should have asked about it sooner.
Send her a letter stating that the lease will not be renewed so you have everything in writing.
I think six weeks is a bit too short.
12 weeks to find a place sounds like enough time. Make it clear that she still has to pay the rent during this time. The time is a courtesy to find a place and not a free ride.
Keep in mind that you want her to leave the place in good condition and not damage the place in anger for being pushed out.
I would do what anon 9:18pm said: tell her you won’t renew the leave and that it becomes month to month at its expiration and that you want her out at the end of whatever month gives her 3 months.
Technically you can give her 30 days. What I would suggest is that let her know that you’re not renewing her lease, and that her lease will become month-to-month once it expires. Then tell her you’re giving her notice that she must leave three months.