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Lease up in 6 days, was just given non-renewal notice

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Lease up in 6 days, was just given non-renewal notice

Postby phazed » Thu May 26, 2011 12:22 am

Hi,
I was just given notice by the landlord that they do not want to renew my lease. 6 days before its up. And now they want me out by the 31st. Is this legal?

Thanks,
phazed
 
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Joined: Thu May 26, 2011 12:14 am

Postby TenantNet » Thu May 26, 2011 3:49 am

First, check your existing lease to see if there's any fine print about notices. But other than that, I believe the law requires 30 days notice (in writing) from landlords. So if they just sent you a written notice, you would not have to move until the end of June.

I would double-check that in the Reference Section (under month-to-month).

The law should trump your lease if the lease provides for a shorter time.

Now, if you stay beyond the lease, the LL could commence a holdover proceeding in Housing Court for possession. But even in the fastest scenario, the court would not do anything for the first month. Most likely it would take 2-3 months with a few adjournments. (be aware of the tenant blacklist if you go into Housing Court).

In some situations the tenant can negotiate with the landlord for additional time to find a new place in lieu of going to court. If the tenant has an attorney, that can help with negotiations. I've seen negotiations give up to an additional year, although six months is more realistic (with a lawyer). You might be able to get 3 months on your own. Depends on the landlord.

You could also negotiate with them to renew the lease. Try that first. See what it is that's upsetting them.
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