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TiggerBounce
The Prince & Princess
Member since 7/05 4939 total posts
Name:
J
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Question about asking a tenant to move out
(I am not the tenant or landlord,but know ALL parties involved)
Let's say a person rents an apartment, no lease, month-to-month. The landlord asks on 6/6 tenant to move out, and to be out by 9/1.
Is there anything else that should be done?
The landlord is "afraid" the tenant will not cooperate and not be out in the time frame requested.
This is in Queens.
Anything the landlord can do to ensure the tenant is out? They are not on the best of terms, but not he worst either.
TIA
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Posted 6/10/10 10:46 AM  |
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Cpt2007
A new love!
Member since 1/08 5946 total posts
Name:
Liz
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Re: Question about asking a tenant to move out
is there any kind of written agreement currently?
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| Posted 6/10/10 10:49 AM |
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TiggerBounce
The Prince & Princess
Member since 7/05 4939 total posts
Name:
J
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Re: Question about asking a tenant to move out
Posted by Cpt2007
is there any kind of written agreement currently?
nothing.
i suggeste to the LL that he give the tenant something written that formal states he needs to be out by 9/1.
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| Posted 6/10/10 10:51 AM |
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Cpt2007
A new love!
Member since 1/08 5946 total posts
Name:
Liz
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Re: Question about asking a tenant to move out
Posted by MsKitty1274
Posted by Cpt2007
is there any kind of written agreement currently?
nothing.
i suggeste to the LL that he give the tenant something written that formal states he needs to be out by 9/1.
definitely need it in writing. i would also suggest putting the loose terms of their agreement in there as well, stating that the tenant has been going month to month, rent was such and such amount, if there was a deposit, under what terms the deposit will be given back to the tenant or held for damages, will there be an opportunity to do a walk through the apt with the landlord after move out to check for damages which would impact the deposit, etc. that vacate letter is the landlord's opportunity to cover themselves and they should use it as such. if it were me, i'd also have it sent via certified mail to the tenant so that there is a receipt of it being received with a signature. i'd also have the letter notarized before sending. extra hassle, but if there is a fear the tenant will put up a fight, have to take precautions.
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| Posted 6/10/10 11:02 AM |
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Cheeks24
Living a dream
Member since 1/08 8589 total posts
Name:
Cheeks
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Re: Question about asking a tenant to move out
Definitely in writing. I think given that the current situation is month to month, the three months the LL is giving is a lot of notice.
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| Posted 6/10/10 11:04 AM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: Question about asking a tenant to move out
Since it is a month to months legally the LL only needs to give one months notice to vacate but that absolutely needs to be in writing. Also tell the LL to by no means accept a rent check for September if they want the tenant out....by accepting rent they are agreeing to let the tenant stay for that period
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| Posted 6/10/10 12:12 PM |
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DRMom
Two in Blue
Member since 5/05 20223 total posts
Name:
Melissa
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Re: Question about asking a tenant to move out
I think 90 days is a pretty reasonable amt of time for month to month situation and I would definitely put it in writing and perhaps have it signed by a notary in front of both parties
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| Posted 6/10/10 12:21 PM |
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TiggerBounce
The Prince & Princess
Member since 7/05 4939 total posts
Name:
J
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Re: Question about asking a tenant to move out
Thanks for all the input. I have suggested to the LL about the written notice.
The tenant is bitter about being asked to leave, hence the reason the LL feels tenant could resist.
In this scenario, can a LL ask a tenant to leave for "any" reason? Like if LL wants to rent the apt to someone else (family), is that "illegal?"
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| Posted 6/10/10 12:34 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: Question about asking a tenant to move out
Posted by MsKitty1274
Thanks for all the input. I have suggested to the LL about the written notice.
The tenant is bitter about being asked to leave, hence the reason the LL feels tenant could resist.
In this scenario, can a LL ask a tenant to leave for "any" reason? Like if LL wants to rent the apt to someone else (family), is that "illegal?"
on a month to month either party can terminate the agreement by giving one term notice (a month). They need to give no other reason except get out or for the tenant "im moving"
Message edited 6/10/2010 1:36:33 PM.
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| Posted 6/10/10 1:36 PM |
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KateDevine
*
Member since 6/06 24950 total posts
Name:
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Re: Question about asking a tenant to move out
On 8/1, the LL should give the tenant a form that is a notice to vacate in 30 days (I'm pretty sure the name is similar to that) and it will tell the tenant they need to be out by that date
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| Posted 6/10/10 1:43 PM |
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Re: Question about asking a tenant to move out
Looking at the possible scenarios, and hearing stories of tenants staying for months without paying, I would have the LL consult with an Attorney. It may cost you a little money but in the long run it might be worth it. You can FM Wendy or Valerie and ask their opinion.
Good Luck,
Arthur
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| Posted 6/10/10 10:55 PM |
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tourist
Member since 5/05 10425 total posts
Name:
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Re: Question about asking a tenant to move out
Posted by MsKitty1274
Thanks for all the input. I have suggested to the LL about the written notice.
The tenant is bitter about being asked to leave, hence the reason the LL feels tenant could resist.
In this scenario, can a LL ask a tenant to leave for "any" reason? Like if LL wants to rent the apt to someone else (family), is that "illegal?"
I was asked to move out b/c the landlord wanted my apartment. 
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| Posted 6/11/10 10:36 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Question about asking a tenant to move out
Posted by EXIT Realty Achieve
Looking at the possible scenarios, and hearing stories of tenants staying for months without paying, I would have the LL consult with an Attorney. It may cost you a little money but in the long run it might be worth it. You can FM Wendy or Valerie and ask their opinion.
Good Luck,
Arthur
Why pay an attorney when it is not needed? An attorney really can't do anything special in this situation since you need a sheriff's warrant to evict anyways.
Write them a letter, certified (don't leave it under their door), saying they have to vacate in 30 days.
Done deal. If they don't leave, then get an attorney.
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| Posted 6/11/10 11:12 AM |
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