Lease Renewal: Non Stabilized Tenant?
If the original lease is silent on the subject, how much advance notice is a landlord required to give a tenant in NYC if the landlord decides not to renew the lease of a non rent stabilized tenant?
If the original lease is silent on the subject, how much advance notice is a landlord required to give a tenant in NYC if the landlord decides not to renew the lease of a non rent stabilized tenant?
Most standard leases have a clause where it states that it converts to a month to month lease which can be discontinued by either party with 30 days notice.
If you anticipate a problem getting them out, then you are looking at a “holdover” proceeding where you are bringing the case to housing court to gain legal posession of the apartment again. This is different from a “non-payment” proceeding where you want your money.
The landlord has more leverage today than in the past with the advent of the internet. Housing court proceedings can be discovered in a routine check for new tenants and I don’t know any landlords who will rent to someone with an adverse housing court record.
If it’s about money, there are also ways of reporting non-payment to credit bureaus so the landlord will many times advise the tenant to move out without creating a big hassle lest they risk trashing their credit and having a housing court appearance on their record.
Maly said two key things:
(a) this is for month-to-month situations… someone with a lease was given notice when they signed the lease. My last lease was for 6 months and it had a clause that said it would become month-to-month at the termination of the lease, unless either party said no (in writing).
(b) then there’s common courtesy. If you want them to move out, then you’d better tell them in advance. They may be waiting for a new lease or are just planning on a month-to-month roll-over. (Incidentally, if you accept a rent payment for a month *after* the lease expires, then it’s month-to-month and you need to give 30 days notice.)
As a side note — another useful put of leverage you have is the recommendation / reference letter. Is your apartment at least on the “decent” side? If so, then that’s the market they’re in and they’ll need a reference letter.
According to the Q&A section in the NYT, in a month-to-month or no lease situation, the landlord has to give 30 days. The tenant has no requirement. However, basic courtesy has never harmed anyone; I certainly would give a landlord a few weeks, if only to make sure I get a sign-off on the condition of the apartment when I move out.
you never have to renew or give notice no intent to renew.
Tenant becomes a month-to-month then.
If want tenant to leave/vacate – that is another question.
As much notice as possible. If think going to be a problem, then need to send legal notice to vacate.
There is no requirement. The lease provides the end-date. It’s a contract. However, if you don’t want them to continue to live there, you better broach the topic at some point….