TenantNet posted in the TenantNet Conference Area
Dated : May 24, 1998 at 19:52:25
Subject: Re: Staying beyond my lease.
: I have a question about my fairly convoluted situation. I live on the Upper West Side and have recently bought an apartment., Unfortunately, it has taken longer than anyone had ever expected to close, so I've needed to stay im my current residence which I rent. My lease expired at the end of February. In the middle of February, I called my landlord, and told them I'd need another month, so they allowed me to stay as long as I paid the rent that I had paid as previously specified in my now expired lease. Towards the end of March, as it once again began to look unlikely that I would close any time soon, I asked for another month. They grudgingly gave it to me, provided I paid the rent that I had paid previously, and that I would get the heck out of there by the end of the month. (By the way, as is sort of tradition in NYC, I didn't pay Feb's rent with the understanding that they could just use the security deposit. They haven't voiced any objections.) It's now May 1. I have a closing date set up for Wednesday, May 6. I haven't moved out yet. They are livid. I've done everything I could to expedite the closing, but with very little success. They are saying that the only way I can stay another 6 days is if I pay a daily amount which is eqivalent to nearly 4 times my normal rent. Is this fair? Is this legal? Should I comply with these wishes? What recourse do they have it I don't? Have they commited an infraction such that I can report them to some govt board or agency or something?
WHen you stay beyond a lease (assuming you are not stabilized), you
become month-to-month at the same rent. Changes must be with 30 days
notice. Pay the normal rent after you move out. They can't lock you
out and must take you to court (see illegal evictions on the web site).
And they can't get a court eviction in six days.
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