Posted by Jasper on August 07, 2000 at 23:00:41:
In Reply to: Tenants Can't Cancel A Renewal Lease With 30-Days' Notice posted by Mark Smith on August 07, 2000 at 18:24:23:
: A rent stabilized renewal lease has the same terms and conditions as the original vacancy lease. If there's no right to cancel the vacancy lease with 30-days' notice, then there's no right to cancel the renewal lease with 30-days' notice.
1) Huh!?! Where did YOU get that information? People have been moving in and out of apartments for years, and many more to come. Do you mean that every time a person moves out of an apartment that they must help the landlord with the vacancy?
Wow, I want to be a landlord... No work involved! Get a sucker to GIVE you a security deposit, keep it and when they leave charge them the remaining days or months in the contract, no matter how many years they lived there. Not to mention a vacancy penalty for breaking the lease, fees to be used for advertising and a vacancy raise in rent for the next tenant.
No wonder Manhattan has a problem with rents going over $2000.
: A lease generally has a commencement date and a termination date. When you move in or move out has little to do with it, unless the original commencement date was delayed because the apartment was not available on the date specified in the vacancy lease. However, you are obligated to pay the rent for the full term (one year or two years) of the lease.
2) I know that, but the Contractual lease is the first lease that everyone is bound to fulfill and every Renewal lease carries over the terms of the lease providing the same basic services and rules to protect the tenant and landlord. A 30 days notice when given has always been the acceptable form of notification for most landlords.
(Except those greedy fcuks who play with your money).
: Under New York law, you have a right to assign a lease, and if the landlord unreasonably refuses to consent to the assignment, you can cancel the lease. In most cases, you also have a right to sublet the apartment, and if the landlord unreasonably refuses to consent to the sublet, you can go ahead with the sublet. But you will probably end up in court, fighting with the landlord over whether the refusal to consent to the assignment or the sublease was unreasonable.
3) This is a different argument, which is why you are so confusedÖ Lease assignments transfer deposits and the lease over to another person and a sublet of a rent controlled/stabilized apartment is done when you want to KEEP the apartment, but canít occupy the space. The rules and laws forbidding and/or allowing assignments/sublets are documented. And when you say landlord unreasonably refuses to consent to the assignment, you can cancel the leaseÖ Are you saying break your lease or void the lease? Which of course will cause you hardship, because you didnít cancel or break your lease during the month or day of your move in date.
: And in the unlikely case that a lease actually began on Christmas day (December 25th), it would generally end on Christmas Eve (December 24th).
4) By your above example there is no window of opportunity for anyone to move in or out of an apartment provided you paid the landlord prior to your move in/out date and every thing is in move in condition for the next tenant.
What a racket. I am glad I donít live in the buildings you live in.
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