Eviction for Owner Occupancy
I know that related questions have been asked here before, but I’m looking for thoughts on a particular element of it. Though I’m also planning to talk to a lawyer, as well. Assuming I’m looking to buy a new house, and there is a non-senior tenant in a rent-stabilized garden apartment, and I as the…
I know that related questions have been asked here before, but I’m looking for thoughts on a particular element of it. Though I’m also planning to talk to a lawyer, as well. Assuming I’m looking to buy a new house, and there is a non-senior tenant in a rent-stabilized garden apartment, and I as the new owner am looking to move into the Garden apartment, I know I have the right to evict that tenant, but I’m unsure as to the timeline of it.
Can I give notice to the tenant upon taking ownership of the building, or can it only be done within the window of the lease renewal?
I’m looking here:
http://www.housingnyc.com/html/resources/dhcr/dhcr10.html
“Under the Rent Stabilization Law, an owner may begin an eviction proceeding when the current lease expires, but only after the tenant is given written notice that the lease will not be renewed. This notice must be served at least 90 and not more than 150 days before the current lease term expires.”
So if the tenant signs a 1-year lease with the previous owner immediately prior to selling, do I, as the new owner, have to wait until 150 days prior to the end of that lease to serve notice?
Now, my hope is that this can be done amicably and that I could look to support the tenant with moving fees and such, but I’m really looking to understand the letter of the law as well.
we are just letting the poster know how expensive and difficult it is to evict a rent stabilized tenant..this is reality, not a town hall meeting
I don’t understand why you’re being discouraged from doing this. An owner has the RIGHT to evict a tenant for purposes of owner occupancy. As long as you can prove good faith intention and the notice is served in the lease renewal time window.
Go for it (always see a lawyer first).
“there are also those of us struggling to go from renters to owners (and hopefully good landlords) and having to find more ‘complicated’ purchases to make it happen.”
No no no no no! I just hopped out of a time machine from the future. Your future self told me to tell your present self to walk away from this deal. Trust me, when NY Case-Shiller YOY turns positive, you will be burdoned with choosing between five properties with no tenant issues at the same price as this one or less.
***Bid half off peak comps (Thompson for Mayor)***
You should deal with it before the closing, and only green backs will work.
The house might be the current owner’s biggest headache.
And as far as I know, there’s not a lot of people buying R/S homes nowadays.
I’d renegotiate the purchase price and be sure to include the buyout fee.
nightmare situation..if the tenant could have been evicted, the owner would have done it, and received a way higher price for the building.. the tenant will win every round in court and you will have zero rental income and be liable for triple damages..if you do not have at least a hundred thousand set aside for years of litigation…walk away
You don’t have a prayer.
If you take an upstairs apartment, forget about kicking out the downstairs tenant without a MONSTER fight.
If the tenant is disabled (or claims to be), forget it.
If you can’t afford the place with the tenant in place, you can’t afford the lawyer to kick the tenant out OR the risk that you won’t get the tenant out or the lack of rent for 5+ years.
Good luck, but I’d pass on this deal.
You don’t have a prayer.
If you take an upstairs apartment, forget about kicking out the downstairs tenant without a MONSTER fight.
If the tenant is disabled (or claims to be), forget it.
If you can’t afford the place with the tenant in place, you can’t afford the lawyer to kick the tenant out OR the risk that you won’t get the tenant out or the lack of rent for 5+ years.
Good luck, but I’d pass on this deal.
and the notice has to be given with in the window. early notice is no notice at all….
You are asking really for legal advice here. Someone needs to see all the paper work. BTW its the landlords obligation to serve on a rent stabilized tenant notice of renewal so the tenant can chose a one or two year lease as required under RS rules. If that notice was not given to your tenant, he can claim the one year lease was illegal and he was entitled to a two year one. Also are you sure your house is subject to RS(less than 6 units are generally not RS)…..spend the money see a lawyer.