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NYC Rent Stablixzed Apartment - Early Termination Of Lease

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Latest post Thu, May 4 2017 8:38 PM by karen2222. 18 replies.
  • Thu, Apr 20 2017 5:11 PM

    NYC Rent Stablixzed Apartment - Early Termination Of Lease

    My aunt is now in a nursing home, and as POA - I am getting ready to vacate what was her apartment.  Her current lease is for one year which expires on Sept. 1st.

    What do I have to give the managing agent and by when do I have to give it in order not to get penalized for early termination?

     

  • Thu, Apr 20 2017 6:02 PM In reply to

    • Drew
      Consumer
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    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    IN many a NYC rent stabilized situation a LL is most happy for an early surrender of such a lease as it allows him or her to get it back on market at a higher rate ....this is largely a matter of local knowledge and reading local winds and markets ....odds are aunt has right to renew..and she might recover ..so don't give away your position...you might get a handsome payout for early surrender ...be sure it's In writing ! 



  • Thu, Apr 20 2017 8:16 PM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    You might also be allowed to keep it and renew it yourself as a relative and sublet it for a year or two.

    Study the NYC rent stabilization laws and learn everything you can. This could be worth a lot of money to help defray the cost of the nursing home.

    http://www.tenant.net/Rent_Laws/rsc/rsctoc.html

    http://www.nycrgb.org/

    http://www.tenant.net/phpBB2/

    Talk to people in NYC who are experienced with rent stabilization loopholes, but not with the people in her building

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Apr 21 2017 6:20 PM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    Thanks very much for your reply & the links.

    Just looking to get the apt. emtied and get an early release on the lease.  No desire at all to live in the apartment or building.

  • Fri, Apr 21 2017 6:26 PM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    Unfortunatley, we received news from her treatment providers that it would be most unwise for her to return to her apt.   We had a pretty good feeling of her situation when we did a one-year renewal last time. 

    What is it that we need to be sure to get in writing?

    Actually, the managing agent wanted to start work in the apt now, but we told them they would have to wait till it was vacated as my wife has Asthma and we did not want any dust from work while we were still cleaning out the apartment.

    We were thinking of asking for an insecentive for us to get out faster, but we are going as fast as we can now.

  • Sat, Apr 22 2017 8:05 AM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    Shirschberg:
    What is it that we need to be sure to get in writing?

    Whatever you negotiate with the landlord that is different from what is written in the lease, or in the law if the lease says nothing about what happens if the tenant moves out before the end of the lease.

    Shirschberg:
    We were thinking of asking for an insecentive for us to get out faster, but we are going as fast as we can now.

    Sounds like you have your hands full just dealing with this and don't have the time or energy to try to exploit any money-making opportunities the situation might offer (which might not exist anyway).  The main thing to do is to make sure the landlord won't try to charge you rent after you turn the apartment over to them.

    In a normal rental market, the landlord WOULD charge the tenant rent for the period before a new tenant starts paying, and it would be fair and reasonable for the landlord to do so.  But I believe the NYC rent-control and rent-stabilization laws mean the landlord can remodel the apartment after you leave and then charge a much higher rent rate to the new tenant, so the sooner the landlord can start that process the happier he/she/it will be.

    The thing is, if you just leave and hand over the keys, an unscrupulous landlord could quite possibly charge your aunt rent during the time the apartment is being remodeled AND then charge the new tenant the higher rent afterward.  Maybe if you refused to pay and it went to court you would win, but you really don't need THAT hassle in your life either.  Much better to get the landlord to sign an agreement to charge your aunt rent only through the last day you actually keep possession (they may need you to tell them which day that is at least a little in advance) AND to provide you with a written list of any damage they intend to charge your aunt for BEFORE you have to hand over the keys (so you can get the repairs done yourself if necessary).  Hopefully what will happen is they will be in a hurry to start their remodel so they won't try to charge your aunt for damage to things in the apartment that they plan to replace anyway.

  • Sat, Apr 22 2017 8:14 AM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    Shirschberg:
    What do I have to give the managing agent and by when do I have to give it in order not to get penalized for early termination?

    Whatever it says in the lease.

    If the lease doesn't say anything about the tenant moving out early, then in most states the landlord can charge rent until the day a new tenant begins to pay rent - and if the new tenant pays a lower rent, then the landlord can charge the difference in rent rates until the last day of the first tenant's lease.

    In a few states - I don't think NY is one of them - the landlord can charge the tenant who moves out early as though the tenant stayed, all the way to the end of the lease (though the landlord would have to keep the apartment vacant during that time, too).

  • Sat, Apr 22 2017 8:50 AM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    karen2222:
    Much better to get the landlord to sign an agreement to charge your aunt rent only through the last day you actually keep possession

    If they refuse to do this, you can calmly say that in that case you will keep the apartment and sublet it out to someone else through the end of the lease.  Then wait a few days to see what they say/do (you can always tell them you changed your mind, after all).  If the apartment is desirable as a short-term rental for people just visiting NYC for a few months or even weeks (it probably is unless it's a complete wreck), your threat will be believable and they will probably cave.

    Before you do that, I guess you should check the lease to make sure it doesn't forbid subleasing, and if it does forbid subleasing you could even try asking someone official at, say, a housing court, whether that prohibition is legally enforceable (some states and cities have laws that landlords have to allow tenants to do temporary short-term subleasing).

  • Sat, Apr 22 2017 12:14 PM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    The managing agent is requesting a 30-day written notice.  So we are hoping to be able to give them the 30-day notice by May 1st and have the apartment emptied by May 30th.

    The manageing agent also let us know that they know my aunt lived in the apartment for over 40-years, and they did come to inspect the apartment while my wife and I where there.  They did want to get started with doing the fixings almost right away - but we informed them of a medical condition, in that my wife has asthma and we could not have any work done due to the resulting dust.

    They said OK and to let them know when we are ready and they would give us some help getting ready for the movers.

  • Sat, Apr 22 2017 12:57 PM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
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    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    FOr all the LL knows, if you play your cards close..she might return home and one of the grandchildren move in as a caregiver ....se some smarts to barter a written early surrender .....



  • Sat, Apr 22 2017 6:39 PM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    Shirschberg:

    The managing agent is requesting a 30-day written notice.  So we are hoping to be able to give them the 30-day notice by May 1st and have the apartment emptied by May 30th.

    The manageing agent also let us know that they know my aunt lived in the apartment for over 40-years, and they did come to inspect the apartment while my wife and I where there.

    It is best to get all their promises IN WRITING;  otherwise you run the risk that the organization will refuse to honor or even acknowledge the managing agent's verbal promises to you.  And in a court of law, if you testify that the managing agent said "X" but the landlord shows the judge that the written lease says "Y", it will almost certainly be "Y" that rules.

    I should also point out that their telling you that they know that your aunt lived in the apartment for over 40 years actually means nothing.  It's not a promise of any sort.

     

  • Sun, Apr 23 2017 4:01 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    IF your aunt lived there 40 years it is quite possible she has a super low  rent ...= lots of barter power to end it early IF you play her cards close to chest . ...But in end ..get it in writing and cash. 



  • Sun, Apr 23 2017 9:36 AM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    Is a 30-day notice required to be from the first of the month to the end of the month, or can it be any 30-day period?

  • Sun, Apr 23 2017 6:15 PM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    Shirschberg:

    Is a 30-day notice required to be from the first of the month to the end of the month, or can it be any 30-day period?

    Unless the lease itself spells out a notice requirement for a tenant to leave early without penalty, this is something you have to negotiate with the landlord.  Because they only need the notice to tell their contractor when he can start and won't be trying to sign a new tenant immediately, there really should be no reason it has to be the first of the month.

    Disclaimer:  because NYC has the most unusual (and complicated) landlord-tenant laws in the entire country, I can't give you a 100% guarantee that those laws say nothing about this, but I very much doubt they do.

     

  • Tue, May 2 2017 7:37 PM In reply to

    Re: NYC Rent Stablixzed Apartment - Early Termination Of Lease

    I hate asking this, but if the improbable should happen and my aunt passes away before we finish cleaning out her apartment - what happens?

    I know that the POA becomes void - but being that the lease would expire come 09/01 - how would I go about continuing to get the apartment cleaned out?

    I also know that my aunt bank account would become frozen as would all of her remaining funds - that would make it very difficult for me to continue to pay her rent also by way of POA.

    I hate to speculate like this - but, she turns 89 in late June and is pretty frail.

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