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Re: It's very important to listen to Ed in this case

Posted by Regina on August 30, 2000 at 13:29:41:

In Reply to: It's very important to listen to Ed in this case posted by apartment dweller on August 28, 2000 at 20:33:28:

Ed, it is not true that a month-to-month tenant has no rights. The landlord still has to take them court to get them out. Also, m y attorney told me that in the case of a sale, they must give a 60-day notice.

: You are a month to month tenant with no rights. You are very lucky that your landlord has made you any offer. He simply could have told you to get out by the 30th and that's that. Obviously you have been a good tenant for the 8 years or I doubt such a thoughtful offer would be made.

: It's very important for you to realize that this offer was something that he did not have to do. You are owed nothing as a month to month tenant whether you have kids or not. Don't let anyone tell you otherwise.

: : The poster calling himself "Just Right" has continued to spew misinformation on this board, information that is not only inaccurate, but horrible advice. Below are some of his statements followed by the truth.

: : : I don't care if they are a month to month tenant. They were living there for 8 years and that does not constitute a month to month tenancy.

: : You may not care, but the law and the courts do. Someone with no contract in this circumstance is a month to month tenant. How long they have lived there is irrelevant.

: : : The person also has small children and Judges do not evict people who FAIL TO PAY RENT with children,

: : Having small children is also legally irrelevant. A child is not your ticket to free rent. Also, the type of action this tenant would face were he to follow your mistaken advice and stay is called a HOLDOVER, not a nonpayment action.

: : :There was no PRIOR NOTICE given to the tenant that the landlord was going to sell the building.

: : The owner of the building is free to sell whenever he wants. A tenant should not receive prior notice, other than the 30 day notice to vacate.

: : : The new owners can collect the rent until these people find a place. The Judge will not evict them with less than six months to find a place.

: : Actually, the owners cannot collect "rent" from a tenant who is holding over, as that would imply they are accepting him as a tenant. What the owner can collect is "use and occupancy charges" for the entire period. In the event that the case dragged on, the payments must be made to the landlord, or the court.

: : : My knowledge comes from reading the law and sitting in on over 500 landlord tenant cases in the 5 boroughs of NYC.

: : You are still wrong.

: : Aside from being inaccurate, this bad advice defies common sense. The tenant's owner is offering to help him find a new apartment now, as well as pay the first month's rent. He doesn't have to do any of this. If the tenant illegally holds over, possibly causing the owner to lose the sale, I don't think the owner will be as helpful ! And the tenant would still be responsible for usage charges and court costs. "Just Right" contends that the tenant should "not worry for six months". When do you think he should think about finding a real apartment for his family --- when the sheriff arrives to cart away the furniture ?

: : "Just right" needs to listen and learn before he offers any more "advice".

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