Emergancy lease help needed

[yankees98a]

What is the name of your state? NY
Help my friend is leasing an apt from apparently a shady apartment mate in NYC. Anyway she has a 1 year lease up in September. Today he tells her he's not renewing the lease and she needs to be out on April 1st..

Also this is a condo in NYC in which she had to pay a move in and move out fee of $600 each. What rights does she have. She's looking to buy an apt but it'll take till July-August. Its through a private owner who she has no info on (the apartment mate keeps it from her)

 

[ENASNI]

What is the name of your state? NY
Help my friend is leasing an apt from apparently a shady apartment mate in NYC. Anyway she has a 1 year lease up in September. Today he tells her he's not renewing the lease and she needs to be out on April 1st..

Also this is a condo in NYC in which she had to pay a move in and move out fee of $600 each. What rights does she have. She's looking to buy an apt but it'll take till July-August. Its through a private owner who she has no info on (the apartment mate keeps it from her)

So let me get this right. There is an owner of the condo, (unknown) who rents it out to Shady, who in turn has a lease with your friend (written?)

This lease is to expire in Sept, yet Shady wants your friend out 5 months early?

No, that is not allowed by your state's landlord tenant law. Not without Shady giving some compensation to your friend.

http://www.oag.state.ny.us/realestate/guide_intro.html#1

 

[yankees98a]

The girl lease with shady expires in Sept. he's claiming his lease is now only to april 1 and she needs to move.

addtionally she paid a move in fee and was to pay a move out fee as of sept. he wants that in april too..

we do not know if shady lease is going to expire in april or not

 

[ENASNI]

The girl lease with shady expires in Sept. he's claiming his lease is now only to april 1 and she needs to move.

addtionally she paid a move in fee and was to pay a move out fee as of sept. he wants that in april too..

we do not know if shady lease is going to expire in april or not

So your friend never got a copy of it? There seems to be a little more (or less) to this story, Yankee.

Please try to help me help you, (or your friend) If there is a signed lease that says SEPT... then she has a leg to stand on.

 

[yankees98a]

She never got a copy of shady's original lease with owner.


also just found out shady never gave her a copy of their agreement. she remembers he said sept but she thinks she signed something to end of term or something.

shady is a license real estate agent, she is just a gullable person who trusted someone

does she have any rights?

 

[justalayman]

She never got a copy of shady's original lease with owner.


also just found out shady never gave her a copy of their agreement. she remembers he said sept but she thinks she signed something to end of term or something.

shady is a license real estate agent, she is just a gullable person who trusted someone

does she have any rights?

She might, then again she may not. If you can't tell us any real and definate info, you aren't going to get an answer that is worth anything.. Sorry.

 

[yankees98a]

She just recieved an email from shady

My(Shady) lease is terminated and as per our discussion and agreement on February 27th, 2006, and given the receival of the Letter from the Landlord to Tenant (Shady) with 30 day notice of expiration of lease and non-renewal by landlord, The apartment is to be vacated by Friday, March 31, 2006.

To assist the moving process, please let me know when and how you intend to remove your belongings from the apartment. Working cooperatively will expedite the process and by coordinating moving simultaneously, I can avoid any additional fees and fines from the building.

If you need any assistance, please feel free to call me and I will be happy to do my best. My parents are coming in this weekend with our Jeep Cherokee to begin my moving process.

I plan to throw away the couch so if you or anyone else would like it, please let me know as it is up for grabs.

Thank you,
Shady

 

[ENASNI]

She just recieved an email from shady

My(Shady) lease is terminated and as per our discussion and agreement on February 27th, 2006, and given the receival of the Letter from the Landlord to Tenant (Shady) with 30 day notice of expiration of lease and non-renewal by landlord, The apartment is to be vacated by Friday, March 31, 2006.

To assist the moving process, please let me know when and how you intend to remove your belongings from the apartment. Working cooperatively will expedite the process and by coordinating moving simultaneously, I can avoid any additional fees and fines from the building.

If you need any assistance, please feel free to call me and I will be happy to do my best. My parents are coming in this weekend with our Jeep Cherokee to begin my moving process.

I plan to throw away the couch so if you or anyone else would like it, please let me know as it is up for grabs.

Thank you,
Shady

Look Yankee,
It is like what the Layman told you, in the absence of a written lease signed by your friend and Mr. Shady the shows it expires in September, we have to assume she is a month to month tenant.

Therefore Mr Shady is not being so dark-minded, he is doing the right thing by giving a written 30 day notice to a tenant.

 

[yankees98a]

If she was able to find a copy somehow (or get witnesses to attest) what order would she file with the NYC housing court?

Would it be to stop eviction even though he's leasing the apt and she's subleasing. Or would it be in small claims to sue for damages?

 

[ENASNI]

If she was able to find a copy somehow (or get witnesses to attest) what order would she file with the NYC housing court?

Would it be to stop eviction even though he's leasing the apt and she's subleasing. Or would it be in small claims to sue for damages?

Look in the link I gave you in a previous post, make some phone calls. Your State is very Tenant friendly.


Tell her to look under the couch cushions for that lease!

 

[ecmst12]

If Shady's lease with the owner is expired, then wouldn't that affect any sublease Shady has with the friend? So even if the sublease does really expire in september, the owner may have told Shady that he has to vacate the premesis by April. So she may really have to move. HOWEVER even if that is the case, that wouldn't release Shady from his obligation to Friend per the contract they signed....at the very least she should insist that he pay her move-out-fee and her moving expenses.

 

[yankees98a]

New message from shady..Basically he's telling her if she doesn't move out in next 2 weeks , she won't see her security deposit till after April 1. After April 1st he'll never see her again so she might lose the $. She basically wants it as soon as she leaves the apt.. His message looks innocence but the last line is key "If not it will have to be after April 1.", not when she moves out but after. She might never see money.

The only way I can give you a security deposit earlier is if you leave when I leave or sooner which would be within a couple weeks. If you stay later, I would have to come back and make sure no additional damage might have been done to cover myself and make sure when the landlord does give me back my deposit, that I'll be given the full amount. Not that you will do damage, I am just a little concerned. As much as you say you might not, I just have to cover myself in this situation. I want to lock the door behind me knowing everything is fine and leave it at that.

I'm sure you understand, so like I said, let's coordinate the moving so I can get you the deposit sooner. If not it will have to be after April 1.

 

[yankees98a]

She just got 2 more emails from Shady (she locked door for her protection from him going through stuff)

EMAIL 1
For your information and to assist you in understanding why my lease was as well terminated, the landlord was not happy how the apartment was kept. He was not happy how the window was left open for a week while you were in ...... and the door was locked leaving the apartment 20 degrees which could have caused damaged to pipes in the bathroom if they froze, and also the wood floor due to the drastic and rapid temperature change.

He was not happy how the dishwasher was left smoking because of your putting food down the drain, how the pipes are potentially damaged and clogged because of your putting food down the drain instead of the garbage. He was not happy because of you posing a fire-hazard and putting a key lock on your door, and because of the conditions the apartment was left in.

I am not happy with all of the above as well as the living conditions we have been in.

-Shady

EMAIL 2

......,

Landlord is eager to get me out and make repairs to the apartment and make a sale. I might be able to get out sooner which would help me financially as he is willing to return my prorated rent. Is this something that could work for you if the opportunity comes up?

Your prorated rent will be returned, plus money for security deposit, no questions asked.

- Shady

 

[ENASNI]

Done

New message from shady..Basically he's telling her if she doesn't move out in next 2 weeks , she won't see her security deposit till after April 1. After April 1st he'll never see her again so she might lose the $. She basically wants it as soon as she leaves the apt.. His message looks innocence but the last line is key "If not it will have to be after April 1.", not when she moves out but after. She might never see money.

The only way I can give you a security deposit earlier is if you leave when I leave or sooner which would be within a couple weeks. If you stay later, I would have to come back and make sure no additional damage might have been done to cover myself and make sure when the landlord does give me back my deposit, that I'll be given the full amount. Not that you will do damage, I am just a little concerned. As much as you say you might not, I just have to cover myself in this situation. I want to lock the door behind me knowing everything is fine and leave it at that.

I'm sure you understand, so like I said, let's coordinate the moving so I can get you the deposit sooner. If not it will have to be after April 1.

Sorry dude, Not that you are trying to, but you are not giving the whole story.
So I am DONE... stick a pin in me and call it Over.

 

[yankees98a]

Seriously I am

The only extra are this girl was dumb to move in with him and oblivious to get a copy of lease. And that Shady used to (still might) have real estate license so he knows in/out of this

Let me ask one last ques. If she goes to court and brings 7 character witnesses including exroommate (and both of them saying they were charged move in/out fee when there was none) would she have any case?

Also we use NYC property tax database to try to contact landlord. Is there a better way