NYC landlord-tenant mastermos come ITT
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Date: April 25th, 2024 4:58 PM Author: exhilarant confused corn cake
mastermos or mastermen, forget the right XO slang.
Below are facts:
signed lease may 2023. received renewal in mid march 2024 for another year, signed and returned to landlord, waiting 2-3 weeks and now landlord calls me to tell me they are selling building (never countersigned)
do I have lease? (prob not, but any argument?)
threaten to holdover?
any other tips to stay in a few more months/get some compensation?
just don't want to apt hunt in summer. annoyed at broker fee but wtf.
feel like I might have some power as buyer is likely paying like $10m to gut this brownstone
(http://www.autoadmit.com/thread.php?thread_id=5521506&forum_id=2#47609722) |
Date: April 25th, 2024 5:11 PM Author: Razzle self-absorbed roommate
not a nyc masterman but i have rentals
did you sign a new lease or did you sign some sort letter indicating you want to renew?
(http://www.autoadmit.com/thread.php?thread_id=5521506&forum_id=2#47609753) |
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Date: April 25th, 2024 5:14 PM Author: exhilarant confused corn cake
I signed an entire new lease for a year. there is spot for countersign.
NY law is leaning a bit toward you need countersign, some cases exist but more so for rent controlled (which this is not).
best outcome for me would be month to month guaranteed until oct-nov and some cash
annoyed at broker fee, woman as like you can live here a long time, start your family, we only want long-term renters, etc...
(http://www.autoadmit.com/thread.php?thread_id=5521506&forum_id=2#47609757)
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Date: April 25th, 2024 5:39 PM Author: Razzle self-absorbed roommate
i know nyc law is extremely tenant friendly. and we're talking about a brownstone, not some shithole where the landlord will have thugs force you out.
sounds like you have a colorable claim a new lease was created and that you're capable of looking up the law yourself.
i would take the position take the position that a new lease was created. by cash do you mean the LL pays you to leave? either way, this is more about negotiation than law. it will take him until oct/nov to get you out of the place if you just stopped paying rent on a legitimate lease. you have a claim that a lease was formed, and you're willing to pay rent.
tell him a new lease was created but because you're willing to work with him because he's been *such* a good landlord. tell him you'll start looking for a place, and all you want is an agreement that he will pay the difference in rent for a comparable place and costs such as moving.
you are in a *MUCH* more advantageous spot than him. selling a tenant encumbered property is a nightmare if you're selling it to prospective owners. you're in a state where it's going to take him some time to get you out. first he's going to have to prove that a lease *wasn't* created, and then one's that's settled he's going to have to give you reasonable time to get out. should be easy to look up the statutes on that. and, even once he has the legal right to the property, if you're still there he'd have to evict you to get you out. now, obviously you don't want an eviction on your record, but all this to say is that you have *A LOT* of leverage if he's trying to sell the fucking place. if you were buying a house for yourself, would you be willing to consider a place that is tenant encumbered with an ongoing dispute with the LL? it's NYC, there are innumerable ways you could squat there before they force you out, and you could be damaging the place. few people looking to buy a place to live in are going to take a risk like that. pay a mortgage while also paying for a lawyer to get you out, during which time you could be doing god knows what.
(http://www.autoadmit.com/thread.php?thread_id=5521506&forum_id=2#47609833) |
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Date: April 25th, 2024 5:53 PM Author: exhilarant confused corn cake
good advice, ive spent a lot of time looking this up. the real lawyers told me no lease (need countersign), but ive seen some cases where the tenant signing is enough. real estate is weird (statute of frauds, contract law, property right conveyance)
I think im going to try to be reasonable, ask for end of year and some cash to leave, but would be happy with some certainty to October.
However, will certainly double down on thinking I have a lease. Easy to make me go away rather than have me stuck paying $50-100K a month on interest alone.
(http://www.autoadmit.com/thread.php?thread_id=5521506&forum_id=2#47609888)
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Date: April 25th, 2024 5:17 PM Author: harsh wagecucks tanning salon
Are you currently under lease? If not, you are month-to-month and you are entitled to certain things from that, including sufficient notice period.
You can also holdover after you get an eviction notice, and that process gets you typically at least 90 days typically for that to work through.
(http://www.autoadmit.com/thread.php?thread_id=5521506&forum_id=2#47609767) |
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Date: April 25th, 2024 5:28 PM Author: exhilarant confused corn cake
yeah, im currently under lease, this one is over May 1. I have not received written notice, so worst case that brings me until June 1 on month to month.
I'm willing to be reasonable, they hinted fall may be a possibility. I know others in the building have leases later than me.
My power play is threatening the holdover. I'm sure the last thing someone dropping $$$ to gut renovate a brownstone wants delays? Blacklist would suck but about to be buying anyway.
NYC is so fucked in that $10-15k in legal fees over a rental would probably still save me money and be more convenient than just moving.
(http://www.autoadmit.com/thread.php?thread_id=5521506&forum_id=2#47609786) |
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Date: April 25th, 2024 5:45 PM Author: exhilarant confused corn cake
yeah, basically told them this is a surprise. they called my gf first and she was basically crying on phone with them.
broker/agent is basically some 80 year old that works nonstop. something up with her and owner (might bring this up related to broker fee).
I do think im going to play hardball. a few shit lawyers that took my call agreed there is some ambiguity if I have a lease with no countersign. might be enough to get paid or just have a fall move out date.
judging from the rest of my block, likely just converting to some $10-15m brownstone. some bad boy foreigner just moved next store after his rats ran around for months during constructions
There is a new NY law that went into effect Monday (Good Cause) that could give me a little ammo to stay until the last minute.
(http://www.autoadmit.com/thread.php?thread_id=5521506&forum_id=2#47609857)
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Date: April 25th, 2024 5:56 PM Author: exhilarant confused corn cake
yeah, neighbors below are 4 law teens/MBA students. They hadn't hear anything but are also on a January cycle. got some loyal associates with unlimited lexis accounts to find me dat CASE LAW
I think the owners daughter also lives here.
but feeling better than I got a little time here (really love the place tbh)
(http://www.autoadmit.com/thread.php?thread_id=5521506&forum_id=2#47609895) |
Date: April 25th, 2024 9:09 PM Author: Obsidian skinny woman
Not a NYC tenant masterman but agree with others.
You have a non-frivolous argument that you have a lease. Also, you're not being a dick here - he's fucking you over.
I think its reasonable to make some noise and try and force him to make some sort of accomodation for you.
(http://www.autoadmit.com/thread.php?thread_id=5521506&forum_id=2#47610219) |
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