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Posted by Mark Smith on August 11, 1999 at 16:58:55:

In Reply to: Lease renewal under new owner. posted by Tom Staggs on August 10, 1999 at 12:24:47:

In an e-mail to me, as edited, Tom Staggs wrote:

There are two people in the apartment at this time. The Lessee is subletting to both of us with the previous owner's consent. We have been subleasing since Sept. of 97. The Lessee has been out of town on business for most of that period, but wishes to renew the lease and is planning to return. The current lessee is the only party named on the lease which just expired. The lessee was offered a lease renewal by the previous owner. Shortly after the lease renewal form was returned, the building went into receivorship. Foreclosure papers were served to the old owner in March, but we did not recieve notification of this until June. At the same time, the apparent present owner was closing on the building. At this time there is no lease on the apartment and the new owner has not offered a renewal. I would like to know what the lessee's and/or my options are. Thank you for your response.

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The offer of a renewal lease made by the previous owner is still valid. Do you have any of the correspondence that came along with the offer of a renewal? In any event, the new owner has to renew the lease. Even if he is alleging that the tenant is not maintaining the apartment as his primary residence, that allegation would have to have been made, in writing ("Golub Notice"), between 150 days and 120 days before the lease expired. You should also have a copy of the prior owner's permission to have two roommates, just in case the new owner might complain that the tenant is violating the roommate law.

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Comments:
: In an e-mail to me, as edited, Tom Staggs wrote:

: There are two people in the apartment at this time. The Lessee is subletting to both of us with the previous owner's consent. We have been subleasing since Sept. of 97. The Lessee has been out of town on business for most of that period, but wishes to renew the lease and is planning to return. The current lessee is the only party named on the lease which just expired. The lessee was offered a lease renewal by the previous owner. Shortly after the lease renewal form was returned, the building went into receivorship. Foreclosure papers were served to the old owner in March, but we did not recieve notification of this until June. At the same time, the apparent present owner was closing on the building. At this time there is no lease on the apartment and the new owner has not offered a renewal. I would like to know what the lessee's and/or my options are. Thank you for your response.

: ==============================================

: The offer of a renewal lease made by the previous owner is still valid.  Do you have any of the correspondence that came along with the offer of a renewal?  In any event, the new owner has to renew the lease.  Even if he is alleging that the tenant is not maintaining the apartment as his primary residence, that allegation would have to have been made, in writing ("Golub Notice"),  between 150 days and 120 days before the lease expired.  You should also have a copy of the prior owner's permission to have two roommates, just in case the new owner might complain that the tenant is violating the roommate law.


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