Landlord Wants to Break Lease to Move in Due to Divorce
My question involves landlord-tenant law in the State of: NEW YORK
HEEELLPP!!!
This is in the state of NY … date. 8/7/2015
The landlord (owner) stopped in to tell me that she is getting a divorce and has to move back into the apt. and we have 30 days to move out.
We currently have a standing lease with the place (Nov,1 2014 - Oct.31, 2015) we never signed the lease with her, (her name isn’t even on it) we did everything with the husband, even the rent check is sent under his name.. NOW here is the tricky part, he asked that we sign another year lease, stating that we do not have to move if we don’t want to, and that she has no say in it. So we signed an additional lease (Nov.1 2015 – Oct 31 2016) again only with him, as we have never dealt with her up until now. He didn’t even know she was doing this, asking us to move out.
My question is 1. Is the new lease (Nov.1 2015 – Oct 31 2016) we just signed legal and are we ok to stay, even though she is part owner of the apt?? BUT never signed either of the leases with us… According to his lawyer it is legal, and we have nothing to worry about… but according to her, it is not and she mailed us a letter of eviction etc. I know that the original lease still stands and we legally have until Oct. 31st 2015 to move out (should the other lease not be valid) therefore I assume that she has no right asking us to move out before that, because of her personal life issues correct?
Secondly, what can we bill her for should we just not want to deal with this drama and move out before Oct. 31st? all she offered was to help us look for a place around the same neighborhood, which she sent us one listing that was disgusting!!! Does she have to pay our moving fees? (rental, realtor fee, application fees etc?)
What can I do?
Re: Can Landlord Break My Lease to Move Back in State:ny
"My question is 1. Is the new lease (Nov.1 2015 – Oct 31 2016) we just signed legal and are we ok to stay, even though she is part owner of the apt??"
Yes...but why would you wish to do so. Sounds like this is going to be a messy divorce and in the end, you never know who'll end up getting the rental unit in the divorce.
"I know that the original lease still stands and we legally have until Oct. 31st 2015 to move out (should the other lease not be valid) therefore I assume that she has no right asking us to move out before that, because of her personal life issues correct? "
Correct
" Secondly, what can we bill her for should we just not want to deal with this drama and move out before Oct. 31st? all she offered was to help us look for a place around the same neighborhood, which she sent us one listing that was disgusting!!! Does she have to pay our moving fees? (rental, realtor fee, application fees etc?) "
You can request whatever you want in this "cash for keys" type of deal. She doesn't "have" to pay you for anything...but you also don't "have" to move out. If she wishes to move in early you two can work out a deal where she pays you to do so. This might typically be some moving costs and a security deposit for the new place you find (just a suggestion).
Gail
Re: Landlord Wants to Break Lease to Move in Due to Divorce
You have a valid lease. Tell her to pound sand. Her "letter of eviction" is meaningless.
Re: Can Landlord Break My Lease to Move Back in State:ny
Thank you Gail!
just making sure that in the end we wont be the ones loosing. We love the place and really do not want to move.
Re: Landlord Wants to Break Lease to Move in Due to Divorce
Thank you for your reply!
- - - Updated - - -
i had someone in a different forum reply the following..
"In order to sign new lease agreement from November 2015 till October 2016 as she refuses to consent thus she may take steps to evict you. As husband is not complete owner and other part owner refuses to extend lease thus your rights in extending lease may get affected"
can someone please confirm if this is true?