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Old 04-13-2012, 07:00 AM
 
Location: Queens
4 posts, read 17,005 times
Reputation: 10

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Hi, just wanted to see if anyone here had similar situation?

I have a tenant who didn't extend the lease contract with me and now, couple months later he is leaving the place (he bought his own place and he is renovating ) but he doesn't want to give 30 day notice or give me exact day when is he moving out. He pays rent on time and everything is in good terms.

What should i do ? Can i force him to give me the 30 day notice ? I really can't find new tenant without letting them know when the property will be available !

Thanks
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Old 04-13-2012, 07:16 AM
 
Location: Connecticut
1,144 posts, read 1,984,623 times
Reputation: 1346
I'm not certain about New York state rental laws, however I believe once you let your lease expire your on a month to month which depending on the state means you need to give a 30 day notice.
I don't understand why this point is an issue for your tenant especially since you have been kind enough to allow him to stay without a new lease agreement. My thinking is whoever is doing the renovations (himself or contractor) can't seem to judge when everything will be completed. You should check with Housing in New York but I believe you may be able to keep his security deposit if he doesn't give you 30 days.
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Old 04-13-2012, 08:42 AM
 
168 posts, read 322,147 times
Reputation: 157
Even without a lease, he has to give you 30 days' notice. What is his endgame, only paying a partial month's rent and/or living out his security? Nope. He still has to pay the full month in lieu of notice if he decides to leave early, unless you agree otherwise. And if he leaves you high and dry, he doesn't get his security back because without warning, you're out a month's rent while you look for another tenant.

I'm moving, and also don't have a lease. I plan to give my landlord a month and a half notice (on April 15th for June 1st) and ask him if he'd rather I just live out my security. He's not a management company, he's just a guy renting out an apartment in his house. It might be easier for him to just not collect for May as opposed to paying out a month's rent. Unless of course he plans to stiff me for my security, as landlords almost always tend to do...
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Old 04-13-2012, 08:57 AM
 
991 posts, read 1,605,801 times
Reputation: 637
Security is for damage to and repairs to the property. Not really for living out the last month's rent. Why doesn't the OP give the tenant 30 days' notice that the month to month is being terminated and you can advertise for a new tenant with a set start date.
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Old 04-13-2012, 09:05 AM
 
168 posts, read 322,147 times
Reputation: 157
Quote:
Originally Posted by Nugget View Post
Why doesn't the OP give the tenant 30 days' notice that the month to month is being terminated and you can advertise for a new tenant with a set start date.
That is an excellent idea!!
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Old 04-13-2012, 09:24 AM
 
8,747 posts, read 17,261,506 times
Reputation: 4168
Thats what I would do...give the guy 30 days notice of termination since there is no lease. Problem solved.
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Old 04-13-2012, 09:27 AM
 
168 posts, read 322,147 times
Reputation: 157
Quote:
Originally Posted by SobroGuy View Post
Thats what I would do...give the guy 30 days notice of termination since there is no lease. Problem solved.
Unless he decides to hold out and refuse to leave until he's good and ready, in which case it will take court proceedings to get him out.
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Old 04-13-2012, 09:44 AM
 
Location: Pflugerville
2,211 posts, read 4,452,332 times
Reputation: 2234
Quote:
Originally Posted by Tuptut View Post
Hi, just wanted to see if anyone here had similar situation?

I have a tenant who didn't extend the lease contract with me and now, couple months later he is leaving the place (he bought his own place and he is renovating ) but he doesn't want to give 30 day notice or give me exact day when is he moving out. He pays rent on time and everything is in good terms.

What should i do ? Can i force him to give me the 30 day notice ? I really can't find new tenant without letting them know when the property will be available !

Thanks
Have you talked to your tenant, told him your concerns, and worked out an agreement with him that regardless of whether or not his new place is finished, you are moving in a new tenant on such and such a date?

It seems to me that your tenant is an amiable guy, since you trusted him enough to not extend his lease and just let him go month to month. GO TALK TO HIM.
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Old 04-13-2012, 10:19 AM
 
Location: Dallas, TX
2,895 posts, read 5,544,353 times
Reputation: 2169
Agreed with the other guys here.

Give him a 30 days notice to vacate the apartment. If he doesn't then tell him that you'll start court proceedings ASAP.
If he leaves without paying for the entire month or doesn't pay for the last month at all, then hold the security deposit and take him to small-claims court.
He has assests (new place right?) so I doubt he'll give you trouble after he receives something from the court.
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Old 04-14-2012, 05:54 AM
 
197 posts, read 471,389 times
Reputation: 167
Not sure how long you've been dealing with tenants for, but if the worst you have to deal with is the tenant not giving you a 30 day notice, then you are still in a good spot. Trying to "make" him give you 30-day notice, or making him vacate within 30 days, etc.... can wind up costing you more than it's worth if they guy is a jerk.

What if he decides to just stop paying, he could spend months not paying, you spend $$ on court, etc... and in the end never wind up recouping your money. Jmo
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