Posted by mea on November 13, 2001 at 20:07:38:
In Reply to: LL Reference & Timing of Giving Notice posted by deborah on November 13, 2001 at 18:41:22:
HOLD ON.....not so fast.........getting a reference is a good idea..... BUT NEVER NEVER NEVER give a date to move........
There is NYC cases where if you gave the landlord an exact date to move and you are not out, he can evict and get damages from you even with a rent stabilzed lease.......
SO do not even think of giving notice untill you have it in writing that you are approved at the co-op, better yet dont give notice until the close.....so what if you pay rent for both places for a month,
Also YOU STILL HAVE A LEASE....... It is ILLEGAL for a rent stabilized tenant to go month to month...in case no one has told you....
The landlord could sue you for breaking a lease you didnt know you had!
: I was wondering if anyone has any advice. I live in a rent stabilized apartment in Manhattan (Upper Westside). I am buying a co-op and would like to ask my LL for a reference since I've been a tenant here in good standing for about 7 years. My last lease expired at the end of August (2001), so I am in a good position to give 30 days notice without having to break a lease. However, until I am accepted by the co-op board in my new building, I don't know if I'm actually moving (I am already approved for a mortgage). I would like to ask for a reference, yet I don't want to let her know that I'm leaving until I know for sure (as well as knowing WHEN it will happen). So this is kind of a Catch-22. I've never personally had a problem with the LL, but I know plenty of people in the building who have. Also, my apartment layout on other floors is currently renting out at about $1200 MORE than I'm paying, so I'm sure she will be happy to see me go. I just was wondering about my rights should the purchase of my co-op apartment fall through. Do I have the right to change my mind and stay here? I wouldn't officially be giving notice until I'm approved, but my LL would be alerted to my plans by my asking for the reference.
: Thanks for any advice.
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