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Posted by EGH on June 28, 2000 at 16:59:54:

In Reply to: Lease renewal not happening posted by Mark C on June 28, 2000 at 13:35:49:

: Hey--

: For the last 8 years, I've lived in a sublet co-op apartment in the West Village. I have a lease with the cop-op owner, which is in fact the entity that manages the building and collects rent from the rent-stabalized tenants as well as me.

: The lease is up on June 30th. At the end of May, I called the management firm and was told the rent would jumping up 20%. I began to look for another place to live immediately. Things did not go as well as hoped, so I decided to sign the lease renewal. Except the renewal never arrived. I just called the manangement office today (June 28th) and was told that they're not renewing leases--they plan on furnishing the apartments and charging much much more money than they are now.

: Obviously, I can't stay. But it's two days before the end of my current lease and I have received nothing in writing. My question: can they just kick me out onto the street with no notice because my lease is up?

: Mark

No, you cannot be kicked on the street with no notice. Only a judge can
order you to be evicted. Read your (sub?)lease and check what it says
about termination. It probably requires that the landlord give you 30 days
written notice if he decides not to renew it. If the landlord does not
give you notice, you become a month-to-month tenant on the same terms as your
lease. Again, the landlord must give you 30 days written notice to end
your tenancy. If you overstay your lease, the landlord has to begin an action in housing court. To evict you, he has to win the case. Even then, the landlord does not kick you out on the street: a marshal does that service. There's
lots of information on tenant.net about your rights; you should read it.

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Comments:
: : Hey--

: : For the last 8 years, I've lived in a sublet co-op apartment in the West Village. I have a lease with the cop-op owner, which is in fact the entity that manages the building and collects rent from the rent-stabalized tenants as well as me.

: : The lease is up on June 30th. At the end of May, I called the management firm and was told the rent would jumping up 20%. I began to look for another place to live immediately. Things did not go as well as hoped, so I decided to sign the lease renewal. Except the renewal never arrived. I just called the manangement office today (June 28th) and was told that they're not renewing leases--they plan on furnishing the apartments and charging much much more money than they are now.

: : Obviously, I can't stay. But it's two days before the end of my current lease and I have received nothing in writing. My question: can they just kick me out onto the street with no notice because my lease is up? 

: : Mark

: No, you cannot be kicked on the street with no notice.  Only a judge can 
: order you to be evicted.  Read your (sub?)lease and check what it says
: about termination.  It probably requires that the landlord give you 30 days
: written notice if he decides not to renew it.  If the landlord does not
: give you notice, you become a month-to-month tenant on the same terms as your 
: lease.  Again, the landlord must give you 30 days written notice to end
: your tenancy.  If you overstay your lease, the landlord has to begin an action in housing court. To evict you, he has to win the case.  Even then, the landlord does not kick you out on the street: a marshal does that service.  There's
: lots of information on tenant.net about your rights; you should read it.


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