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Temporary Residence Breach

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Temporary Residence Breach

Postby PatZatar » Sat May 23, 2020 8:21 pm

This is the original post:

Please Help. what do you think ?

Tenant is claiming that Landlord breached the Lease by staying too long in his basement.
Tenant is renting only the Main Level of a Single Family House.

Tenant has served a 21 day notice to cure the (alleged) material non-compliance with the lease agreement and is trying to get the Landlord to move out and if not cured Tenant is calling the Lease Terminated and is giving notice to the Landlord that the Tenant will move out.

The Stated default / violation described as: "Landlord’s residency in the basement beginning September 28, 2019 and spanning 237 consecutive days, ongoing, in material non-compliance with your lease agreement Section 32, Other specific provisions: 5. Landlord shall be permitted to use the basement at his temporary residence at his convenience."


To cure the stated default Tenant requires from Landlord:

"1) Fully vacate the premises, 2) cease occupancy for the remainder of the lease term and, 3) Submit a United States Postal Service change-of-address form establishing a primary mailing address that is not on the premises."

Lease reads as follows:
Landlord shall be permitted to use the basement at his temporary residence at his convenience.

What do you think ?


=========================
Please Help. what do you think ?

Upstairs Tenant is claiming that Landlord breached the Upstairs Lease by staying too long in his downstairs basement that has a separate entrance.

Upstairs Tenant is renting only the Upstairs Main Level of a Single Family House that has only one Upstairs Level and one downstairs level (Basement). (separate entrances, no areas are shared)

Upstairs Tenant has served on Landlord temporarily occupying a 21 day notice to cure the (alleged) material non-compliance with the Upstairs lease agreement and is trying to get the Landlord to move out and if not cured by Landlord , Upstairs Tenant is calling the Upstairs Lease Terminated and is giving notice to the Landlord that the Upstairs Tenant will move out.

The Upstairs Tenant, Stated default / violation described as: "Landlord’s residency in the basement beginning September 28, 2019 and spanning 237 consecutive days, ongoing, in material non-compliance with your lease agreement Section 32, Other specific provisions: 5. Landlord shall be permitted to use the basement at his temporary residence at his convenience."

To cure the stated default Upstairs Tenant requires from Landlord:

"1) Fully vacate the premises, 2) cease occupancy for the remainder of the lease term and, 3) Submit a United States Postal Service change-of-address form establishing a primary mailing address that is not on the premises."


Upstairs Lease reads as follows:
Landlord shall be permitted to use the basement at his temporary residence at his convenience.


The Upstairs Lease does not define 'temporary"

What do you think ?

Landlord does not want to move out at the Demand of the Upstairs Tenant (but will be moving out soon) , Landlord does not wish to have Upstairs Tenant Break the lease , by trying to 'define temporary' by counting the number of Days, that Landlord has been in the Basement.

NOTE: Landlord Name and Address Listed on the Upstairs Lease is the House Address of the Upstairs Lease (this re-enforces in my opinion that the Landlords has rights to reside / occupy the Basement of that house)
Last edited by PatZatar on Sun May 24, 2020 12:38 am, edited 7 times in total.
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Re: Temporary Residence Breach

Postby TenantNet » Sat May 23, 2020 9:01 pm

A few questions first. Are you the tenant? Are you the only person on the lease (assuming you have a lease). You say this is beyond NY. Is it correct to assume that you are not in NY state?

When you say single family house, how can tenant be renting only the main floor? Are there people renting the second floor (and third floor if there is one?)

Tenant serves a Notice to Cure ... on who?

This is all very confusing - please clarify what is going on, who is living where and so on.
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Re: Temporary Residence Breach

Postby PatZatar » Sat May 23, 2020 11:50 pm

Thanks for your response and hope this clarifies things so that you can help and give your inputs.

1) Upstairs Tenant serves a Notice to Cure on Landlord, asking Landlord to move out from the half Basement not rented out and kept for his own use as Temporary Residence at his (Landlord's) Convenience. (this is in the Upstairs Tenant Lease)

Upstairs Tenant is the Only person on the Lease renting out the Main Level only (one floor) So I will call him the Upstairs Tenant.

There is only an Attic above the main level (its a Cape Code Single Family House)

THE ISSUE IS THAT the Upstairs Tenant that rents out only the main-level floor wants to prevent his LANDLORD from occupying the Basement Space (that is not rented out) as Upstairs Tenant is trying to claim that the Basement Space is only for Temporary Residence. Upstairs Tenant is trying to kick out Landlord from his Basement Space and declare his Lease on the Upstairs Floor breached and voided.

There is a Basement Level at Ground Level with a Separate Entrance Door, separate rooms, bathrooms, kitchenette (wet bar)

2) There is Basement Tenant renting a room and bathroom in the Basement Level on a separate Rental Agreement on half of the basement level. Basement Tenant was already renting when Upstairs Tenant signed lease and moved in.

No parts of the house are shared between the levels

3) The other Half of the Basement is kept not rented by the Landlord for his Own Landlord Use to store is Furniture and belongings and to use as his Temporary Residence at his Convenience.

There are 4 Bedrooms, 3 Bathrooms, 3 Entrances, no parts of the House are shared. Each Occupant has his own space, entrance, bathroom, Kitchenette, Living Area, etc.

There are 3 Occupants: 1. Upstairs Tenant (making the issue) 2. Basement Tenant and 3. Landlord (temporarily occupying the other half of the Basement)

The issue is being created by the fact that "temporary" Residency is not defined in the Upstairs Lease, so it could be 30 days , or any number of days or even it could be 2 years . (The upstairs Lease is for 3 years)

Let me know if you need further clarification

In my Opinion the Upstairs Tenant has no legal ground on this demand and on claiming a Material non-compliance of the Lease and in attempting to break out of the Upstairs Lease under the pretense that 'temporary' residence is over extended. it is my opinion because temporary is not 'defined' in the Upstairs and because it says "at his (Landlord's) Convenience."
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