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Any rights re: lease non-renewal?

Rights for non-regulated tenants

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Any rights re: lease non-renewal?

Postby maxb » Wed Mar 04, 2009 12:03 pm

Here is my current situation. I would greatly appreciate any advice: I've lived in the same non-regulated apt for four years and am a tenant in very good standing. My landlord told me verbally a few months ago that he might not renew my lease this April as he needs the apartment for a relative. I've found an apartment and am currently applying, however the earliest move-in would be three weeks after my current lease expires. It seems that my landlord might not be willing to extend my lease (I'm still waiting to hear). If he does not, do I have any rights? He never provided me with written notification of non-renewal, is this a requirement on his part?

Again, any advice would be appreciated
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Postby TenantNet » Wed Mar 04, 2009 12:36 pm

Is the question here is whether you can stay the three weeks after your lease expires - that your new place would not be ready until then?
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Postby maxb » Wed Mar 04, 2009 12:43 pm

Yes, exactly. I am, of course, more than willing to pay my current landlord the rent for the extra three weeks. Many people I've talked to say "just stay, there's nothing he could do in such a short amount of time", but I'd like to stay on the correct side of the law.
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Postby TenantNet » Wed Mar 04, 2009 1:39 pm

There is no "correct" side of the law.
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Postby maxb » Wed Mar 04, 2009 1:56 pm

That's true. I should have been more specific with questions, which are:

1) If we stay three weeks past the lease, what can/would our landlord do? What usually happens in these situations? I assume he can't lock us out?

2) Are landlords of non-regulated apts required to provide notice of lease non-renewal?

Thanks
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Postby TenantNet » Wed Mar 04, 2009 2:27 pm

They can't legally lock you out.

They can seek your eviction in housing court as a holdover. That's why people say it will be moot. You would be gone by the time anything happens.

Unregulated units have no notice requirements. Your lease will have ended.

You could offer rent for one month (but you could probably expect to kiss your deposit good bye). If there is a deposit at issue, some tenants would simply let that apply to the excess time. Some landlords say deposits are not for that, but that depends on if there are any real damages at stake. Many landlords invent reasons to not refund deposits.
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