need some landlord advice
signed a one year lease in November 2005. when lease was up in Nov 2006 we kept sending the rent check, landlord kept cashing it same as always, but he hasn't sent a new lease and we haven't asked
can he boot us at any time? do we have any recourse if he does? should i just call him and ask the deal? we never call him (he's the super too) for anything but something inevitably will come up and then what? why am i typically passive aggressive, rather than confronting potentially unpleasant situations head-on?
thanks folks
can he boot us at any time? do we have any recourse if he does? should i just call him and ask the deal? we never call him (he's the super too) for anything but something inevitably will come up and then what? why am i typically passive aggressive, rather than confronting potentially unpleasant situations head-on?
thanks folks
Comments
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You are now on a "month to month" arrangement with your landlord. Many small or private landlords in Brooklyn have similar arrangements with tenants, usually due to laziness on their part.
To answer your question, yes, he could give you 30 days notice if he wanted you to leave (he wants to live there himself, he wants to sell the building, etc...), but that is probably not likely the situation. Typically, if he wanted to raise the rent of your unit, he would notify you of a rent hike, and it's up to you if you want to pay it. If you don't, you move, no harm done.
If he wanted to sell the building, you would know it (realtors and appraisers coming over). It's really up to you what to do now. The pros to your situation now are that you are also free to leave with 30 days notice. If, however, you are 100% sure you want to stay awhile, you could call him to get a lease, but this may jar his memory that it's time to raise your rent.
Good luck. -
Yeah, basically, the landlord is probably being lazy. If you want to stay another full year, ask for a new lease. There are however positives to being month per month. I did that for 2 years at my last place. I didn't have any problems with my landlord and if I thought I could get a better deal somewhere else I had the freedom to look into it. It worked out for me. However, if you are getting a good rate and want the stability, make sure you sign a new lease.
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I had this setup in my last apartment, and if I were you I'd not rock the boat. I originally had a 1-year lease and it ended up extending an extra 2 years with no rent increases.
With your current status, you retain the same legal rights as on your original lease. Your rent stays the same until/if the landlord decides to raise it (and I believe you then get the standard 60 days to decide to stay/move), and you can move whenever you feel like it. It's a pretty sweet deal. You do give up some level of security in knowing the length of your lease, but I think the benefits outweigh it. Congratulations.
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I agree with meganlibrarian. Don't rock the boat. if you ask for a new lease the LL might decide to raise the rent
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I'm a landlord/live-in owner and I do this regularly. I pretty much think of the first year's lease as "you are a stranger and I don't know you" kind of thing. If you have been good after a year or two, we become less formal, and since everyone knows what their legal rights are, it's not a big deal. I'll be an ass only if my tenants are first.
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if you are in a rent stabilized apt the deal is even sweeter. you ar legally entitled to a new lease. if you get it late, you get 90 days form when you got it to keep paying your current rent. but you'll need to negotiate how that works with whatever increase is on the new lease.
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b wrote: if you are in a rent stabilized apt the deal is even sweeter. you ar legally entitled to a new lease. if you get it late, you get 90 days form when you got it to keep paying your current rent. but you'll need to negotiate how that works with whatever increase is on the new lease.
In my case, the apartment was rent stabilized. However; it was an even awesome-r deal when factoring in a zero% increase over a 3 year period.
(We moved because the apartment itself was a piece of crap - narrow, cramped and falling apart. People seriously worried for our safety there. But it was cheap! Heh
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thank you all for the input, i really appreciate the help. looks like the consensus is, as you say, not to rock the boat. cheers all.
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When you are on a month-to-month lease, the landlord can raise the rent at any point and as often as they like. And if you don't agree to pay the higher rent you have 30 days to vacate..Something to bear in mind.
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Subject: Re: need some landlord advice
Pyle wrote: signed a one year lease in November 2005. when lease was up in Nov 2006 we kept sending the rent check, landlord kept cashing it same as always, but he hasn't sent a new lease and we haven't asked
Legally speaking, if you signed a lease and it has lapsed, you have an "implied lease" that has the same effect as the original lease
can he boot us at any time? do we have any recourse if he does? should i just call him and ask the deal? we never call him (he's the super too) for anything but something inevitably will come up and then what? why am i typically passive aggressive, rather than confronting potentially unpleasant situations head-on?
thanks folks -
Kevin_on_Putnam wrote:
What would be the period of the new lease?
Legally speaking, if you signed a lease and it has lapsed, you have an "implied lease" that has the same effect as the original lease -
Kevin_on_Putnam wrote:
You are a month to month tenant- there is no set term. If the landlord wants to terminate your tenancy they have to give you thirty days notice and the end of the term. (for example, if they sent notice to terminate on September 27th, you would have to leave or negotiate a new tenancy by October 31st). Same thing with an increase- they can increase the amount of the tent, but you don't have to consent (but then they can terminate the tenancy as described above).
Legally speaking, if you signed a lease and it has lapsed, you have an "implied lease" that has the same effect as the original lease
What would be the period of the new lease?
Generally, the terms of your month to month tenant are the same as the previous lease (ie, if the lease said no pets, you are still not allowed to have pets).
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