Results 1 to 3 of 3
  1. #1
    Join Date
    May 2015
    Posts
    1

    Question If You Return Somebody's Rent Can You Treat Them as a Holdover Tenant

    My question involves landlord-tenant law in the State of: New York

    I have a three bedroom apartment in which I rent out two of the rooms, the lease and all utilities are solely in my name. We had a new girl move in on the first of the month, and after a few days of her being incredibly hostile with everyone else in the apartment, it became clear that its not going to work out. She had given me a check for security deposit, which I haven't cashed, and a check made out to the landlord for the months rent. Sensing this wasn't going to work, I paid her portion of the rent to the landlord and returned the check, thinking it would give me better standing in the event that it went poorly. I offered to fully refund her deposit and the full month of rent if she could be out by the end of the month, but she has ignored every attempt to discuss this and I think is now looking for a lawyer. I know for a holdover case I couldn't get her out before 6/31.

    My question is if I have standing for a holdover case myself, or if I have to go through the landlord, or if it would actually be beneficial to go through the landlord?

    My lease with my landlord is month to month now, and we are considering looking for a new place, if I gave her notice of 6/31, would there be any issue there if we moved?

    Any help or advice would be greatly appreciated, I'm terrified of getting stuck in a dragged out eviction case and have to front extra rent for months...

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Do I Have Standing to Start a Holdover Case

    You can't give her notice to be out by June 31st. That date does not exist.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: If You Return Somebody's Rent Can You Treat Them as a Holdover Tenant

    Your returning a rent check to your tenant is not the same thing as giving her notice. If she's a month-to-month tenant you have to give her proper notice to terminate her tenancy. In you're in NYC,
    Quote Quoting N.Y. RPP. LAW § 232-a. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York
    No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over his term unless at least thirty days before the expiration of the term the landlord or his agent serve upon the tenant, in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy and that unless the tenant removes from such premises on the day on which his term expires the landlord will commence summary proceedings under the statute to remove such tenant therefrom.

    1. Sponsored Links
       

Similar Threads

  1. Moving Out: Does a Holdover Tenant Pay Prorated Rent After Giving Notice
    By meathead33 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 05-06-2014, 07:51 PM
  2. Security Deposits: Must a Landlord Return a Security Deposit if the Tenant is Behind in Rent
    By veger in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 09-15-2011, 01:41 PM
  3. Eviction Process: New Jersey Holdover Tenant
    By AKDZ in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-21-2009, 12:28 PM
  4. Rental Agreements: Holdover Agreement vs Higher Rent Amount
    By drjpt in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-13-2008, 08:44 AM
  5. Eviction Process: Help with a holdover tenant
    By Loganandmolly in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 05-25-2005, 03:55 PM
 
 
Sponsored Links

Legal Help, Information and Resources