Posted by me on June 22, 2001 at 23:01:10:
In Reply to: My landlord wants my apartment owner occupied posted by Joan on June 22, 2001 at 14:18:32:
First off $10,000 is not a bad first offer....but of course you didnt persue the matter with a lawyer who probably could have easily doubled the amount.
Second the landlord does have a right to occupy a rent stablized apartment, but here are a few things you can investigate before you write him a letter.
As stated he must own the builidng NOT a corporation. Second you can demand he prove his or his relatives kids are enrolled in the local school district,
Also you can find out where he is living now and see if his home is up for sale, You can always say he is not going to use your apartment as his primary residence if he owns a bigger home somewhere else.
Then you can investigate if he rents it out it MUST be to a non famiy member, and have a long term lease, not month to month, another good excuse not to use your apartment as his primary residence.
then if perchance he does get your apartment, you can go back every few months and check to see if he still lives there, or send a certified letter return reciept and see who signs it and if they send it back...........sneaky huh?
They have to live there 3 full years to be in the clear.....if not you can sue for damages extra rent paid plus the apartment back at your old rent.....
you just have to be one step ahead of him.
: I receieved the following letter from my landlord, I have been living in a rent stabilised apartment in the East Village of Manhatten for 10 years and now my landlord wants my place, WHAT CAN I DO???
: I can't afford to move anywhere else, help!!
: THE LETTER:
: "We recently offered you a ten thousand dollar settlement to vacate your apartment.
: However, you failed to respond to the enquiry which we assumed meant that you were not interested in a ten thousand dollar settlement to vacate the apartment. Unfortunately, the offer was meant as a courtesy, to you, to avoid any future problems.
: As the owner of XXXXXXXXXXXX I have the legal right to occupy one or two of the apartments. This is referred to as “owner occupied”. I am informing you as of now that it is my intention to occupy your apartment as an owner occupied tenant.
: There are two ways that you can proceed in surrendering the apartment, one way is that I will file with DHCR to occupy the apartment. You can then make a claim in housing court and try and fight my owner occupancy claim, however, my right to occupy the apartment will be almost certainly granted. There will be court costs, time and energy spent. So instead of leaving the apartment with extra money in your pocket you will be leaving with less money.
: Another way of handling this is by accepting an offer of five thousand dollars to vacate the premises, and signing an agreement giving up your rights to the apartment.
: Please understand that I own only one apartment building, I am by no means a wealthy real estate tycoon. One of the reasons for buying this property was to help support my family and myself giving us a place to live in New York. It is not my intention to be a ruthless uncaring landlord, my needs and my families needs must come first. We do after all own the building, were as you simply rent.
: I suggest that you refer this matter to a tenant lawyer and find out what your rights are. I do have the right to file for “Owner Occupancy” without paying one cent in compensation to the tenant. Nor will my lawyer charge me five thousand dollars to handle this matter. The offer is purely a courtesy for the inconvenience of you having to leave the apartment."
Note: Posting is disabled in all archives
Post a Followup