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Posted by Jeanie on July 16, 1997 at 12:43:44:

In Reply to: Re: IS THERE SUCH A THING AS 2 WEEKS NOTICE? posted by TenantNet on July 16, 1997 at 12:04:18:

: : A couple of days ago my landlord asked me to leave my apartment by
: : July 31st. That is two weeks notice????? Is this possible.??? It seems
: : his niece is moving here from Italy and wants to give her my apartment.
: : What can I do?

: Not so fast Mr. Landlord. Of course it depends on the laws in your locality
: and the nature of your lease (if any) or agreement (if you can prove an
: oral agreement). If you have a lease, that controls and chances are he
: cannot get you out until the lease expires. If it has expired or you
: never had one, than in most areas you would be a month-to-month tenant where
: 30 days is uaually the required notice. Also in most areas owners must take
: you to court to get you out and not resort to changing locks. In NYC that's
: a criminal offense and in other areas it may be a civil offense. So if you
: stay beyond the 30 days, he would need to take you to court (which can take
: -- depending where you are -- 2 weeks to 2 months), so you could buy some
: time. If you are in NYC and rent stabilized, he is required to offer you
: a renewal lease and only certain family members can qualify for "owner
: occupancy" and that requires an application with DHCR. All in all, if you
: aren't in NYC or protected, then he can probably get you out, but not that
: fast. You might wish to negotiate with him if you wish to agree to a faster
: moveout -- like he might forgive a few months rent in exchange for your
: leaving quickly. If it's a real burden to you, then start looking, but I
: don't think you'll be out in 14 days. Above all, I would check with a local
: attorney to verify what I've said to see if it applies to your area.

If you pay rent month-to-month, then the business cycle is month-to-month unless stipulated differently within a rental agreement.

Tenant Net suggested trying to negotiate for money in the amount of a few months rent as an exchange for your leaving quick and that is out of line, in my opinion, especially in a non-regulated community.

If there is a fixed term lease to contend with, the ball is in your court and you can pretty much do what you please. You might consider asking the owner pay your relocation expenses incurred and forgiving any cleaning and damages. And maybe something extra, especially if the rent you pay is less than current market for the remaining period of the lease. But, you would have to follow his timeline in exchange.

If you have a month-to-month type of agreement (or verbal), the landlord must give you a months notice, unless specified differently by written agreement or by law.

Whatever, don't allow yourself to get into any legal action over this issue, if you can avoid. Some within our tenant community seem to think that this is an appropriate way to do business ... and I disagree. You will find that the record of such disputes will follow you everywhere you go, preventing you from renting elsewhere. Even if you prevail.

Best advice is try to be reasonable, setting the tone for negotiations. Hopefully, the landlord will do the same. Good luck.

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Comments:
: : : A couple of days ago my landlord asked me to leave my apartment by 
: : : July 31st.  That is two weeks notice?????  Is this possible.???  It seems
: : : his niece is moving here from Italy and wants to give her my apartment.
: : : What can I do?

: : Not so fast Mr. Landlord. Of course it depends on the laws in your locality
: : and the nature of your lease (if any) or agreement (if you can prove an
: : oral agreement). If you have a lease, that controls and chances are he
: : cannot get you out until the lease expires. If it has expired or you
: : never had one, than in most areas you would be a month-to-month tenant where
: : 30 days is uaually the required notice. Also in most areas owners must take 
: : you to court to get you out and not resort to changing locks. In NYC that's
: : a criminal offense and in other areas it may be a civil offense. So if you 
: : stay beyond the 30 days, he would need to take you to court (which can take
: : -- depending where you are -- 2 weeks to 2 months), so you could buy some
: : time. If you are in NYC and rent stabilized, he is required to offer you
: : a renewal lease and only certain family members can qualify for "owner 
: : occupancy" and that requires an application with DHCR. All in all, if you
: : aren't in NYC or protected, then he can probably get you out, but not that
: : fast. You might wish to negotiate with him if you wish to agree to a faster
: : moveout -- like he might forgive a few months rent in exchange for your
: : leaving quickly. If it's a real burden to you, then start looking, but I
: : don't think you'll be out in 14 days. Above all, I would check with a local
: : attorney to verify what I've said to see if it applies to your area.

: If you pay rent month-to-month, then the business cycle is month-to-month unless stipulated differently within a rental agreement.

: Tenant Net suggested trying to negotiate for money in the amount of a few months rent as an exchange for your leaving quick and that is out of line, in my opinion, especially in a non-regulated community.

: If there is a fixed term lease to contend with, the ball is in your court and you can pretty much do what you please. You might consider asking the owner pay your relocation expenses incurred and forgiving any cleaning and damages. And maybe something extra, especially if the rent you pay is less than current market for the remaining period of the lease. But, you would have to follow his timeline in exchange.

: If you have a month-to-month type of agreement (or verbal), the landlord must give you a months notice, unless specified differently by written agreement or by law.

: Whatever, don't allow yourself to get into any legal action over this issue, if you can avoid. Some within our tenant community seem to think that this is an appropriate way to do business ... and I disagree. You will find that the record of such disputes will follow you everywhere you go, preventing you from renting elsewhere. Even if you prevail.

: Best advice is try to be reasonable, setting the tone for negotiations. Hopefully, the landlord will do the same. Good luck.


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