Quote:
Originally Posted by Honestmike07
What's the purpose of one months notice and security if landlord can not show the apartment?
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First, Security is NOT rent, and cannot legally be used as such. The amount required by a LL to to held as 'security' against any damage to property (the apartment) is the LL 's descretion. One month's rent is 'custom' here in NYC, but is not so in most other places. The security amount can be any amount the LL requires from 1 week to 12 weeks to whatever the LL and tenant agree upon.
Second, '30 days notice' allows a LL to prepare for a tenant's vacation of his property, the termination of the lease agreement, and the final requirements thereof.
For example, within the final 30 days, the LL and tenant need to make arrangements for the final 'inspection' of the apartment, and agreement upon damages, if any.
The LL and tenant need to make arrangement for the return of the property keys and/or to insure that the property has been vacated as agreed, on the final date. (As a tenant, if you do not **formally** do this, you can be held liable for continued rent, even if you 'feel' you don't live there anymore.)
For example, if you do not return the keys and/or leave *stuff* in the apartment, leave *roommates* behind, etc., a tenant can be found liable for rent, until the keys are returned and/or the 'stuff' and/or 'roommate' is/are removed.
Also, the 30 days allows for the LL to make preparations to make the apartment 'ready' to be rented at the earliest possible moment
AFTER the tenant has vacated.
Vacate on X date, the LL can be in there, cleaning, renovating, showing, as soon as you turn over the keys. For example, vacate the morning of X date, the LL can be in and working, the afternoon of X date.
The above is just some of the basic intent of the 30 day requirement.
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The fact of the matter is that the tenant and LL have a CONTRACT which gives the tenant the right to utilize the property to the
tenant's interest as allowed by the contract lease agreement.
ONLY what is stated within the four corners of that document is allowed, AND everything in the document MUST be legal under the law.
So, from beginning date to end date, the tenant has full and complete right to the apartment.
The Landlord's ONLY right to enter the apartment is upon emergency and for repair and/or renovation.
NOTE, repair and/or renovation MUST be NECESSARY!!! The LL does not have a right to inconvenience a tenant indiscriminantly. If a tenant does not want a repair/renovation and the repair/renovation is not
necessary the tenant can refuse.
Just as a tenant can refuse to *show* the apartment.
(Many small LLs think that because they own the property they can do whatever they want, but the reality is that they have contracted many of their ownership rights away
Similarly, many tenants think because they pay rent, that they *own* the property and have 'absolute' right to control the property. They do NOT!)