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New Tenant ~ Former Tenant Remains In Apartment

Posted by Mark Smith on August 12, 1999 at 16:11:15:

In Reply to: landlord/leases posted by Kris on August 12, 1999 at 15:00:49:

There is another long thread running about this fairly common problem. The lease of the former tenant may have been set to expire, and the landlord may have thought that the tenant was going to move out on time, so signed a new lease with you.

In New York, most leases (residential, loft, office, store, etc.) cover this situation. Read your lease. The landlord may have to send you certain notices in a specific time frame, you may have choices to make (wait, or cancel the lease and get your money back from the landlord), and you may have to send certain notices to the landlord in a specific time frame.

The landlord may have spoken with or written to the tenant, but the landlord should start eviction proceedings, to save time, and to let the tenant know that the landlord means business. Even with the eviction process started, it could take many months to evict the tenant.

: Is it legal for a landlord to sign a lease that begins at the first of a month, and then allow the current tenants to remain in that apartment for another month, thus leaving the new tenants with nowhere to live?

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