Real Estate Attorney Says (by mapleaf18 [NY]) Jun 6, 2023 10:50 AM|
Real Estate Attorney Says (by Moshe [CA]) Jun 6, 2023 11:33 AM
Real Estate Attorney Says (by Ray-N-Pa [PA]) Jun 6, 2023 12:08 PM
Real Estate Attorney Says (by S i d [MO]) Jun 6, 2023 12:45 PM
Real Estate Attorney Says (by Simplify [NY]) Jun 6, 2023 2:49 PM
Real Estate Attorney Says (by Allym [NJ]) Jun 6, 2023 4:22 PM
Real Estate Attorney Says (by Vee [OH]) Jun 6, 2023 5:14 PM
Real Estate Attorney Says (by Richard [MI]) Jun 6, 2023 6:44 PM
Real Estate Attorney Says (by mapleaf18 [NY]) Posted on: Jun 6, 2023 10:50 AM
That in NY you can't ask more than the actual rent per day on holdovers. I'm evicting Ms. Excuses. Court date is 6/20.
Can anyone out there site chapter and verse? My attorney is rather new.
Real Estate Attorney Says (by Moshe [CA]) Posted on: Jun 6, 2023 11:33 AM
I don't know anything about NYS, but what the attorney says makes sense (doesn't it?)
LL should be able to ask to be reimbursed for rent lost because of tenant holdover, but not more than actual rent due.
Real Estate Attorney Says (by Ray-N-Pa [PA]) Posted on: Jun 6, 2023 12:08 PM
What does your lease say about hold overs?
If your lease doesn't address it, then one just can't randomly come up with new standards.
Perhaps you should ask that attorney why it isn't permitted if the lease does address it, if it would still be illegal. I wouldn't argue with an attorney, as it their job to know the law. If you are questioning the attorney's knowledge of the law, why are you retaining them still? --24.101.xxx.xxx
Real Estate Attorney Says (by S i d [MO]) Posted on: Jun 6, 2023 12:45 PM
It does not make sense that the landlord should only be reimbursed whatever the old rent rate was for holdovers.
Let us suppose the tenant was scheduled to move out on 5/30 because she was paying $1500 rent and the rent was going up to $3000. That is the "new" rent, and if the tenant stays then by default they agree to the new rate. If the tenant had signed a lease extension at $3000 per month but then refused to pay June rent, the judge would award the current $3000 rate, not the old rate, unless the judge disregards the freedom of individuals to lawfully contract. I wouldn't be surprised if that was the case in such a progressive environment!
The holdover rent rate used in my state (2x the most recent rent) is designed with two purposes in mind:
1) To motivate tenants so that they honor the original contract move-out date. Many tenants would fail to move on time if they knew they could squeeze out a few more weeks of rent at their old rate.
2) To compensate for the unknowable damages caused by the tenant failing to move. Suppose the landlord had contracted to sell the house, and due to the tenant not moving the landlord isn't able to grant possession and the Buyer terminates the contract. The landlord must be compensated above the simple rent rate due to other factors that are hard to measure: time, expenses, inability to use the funds to accomplish other tasks (such as buy a new house).
Anyway, that's how this unsophisticated hillbilly sees it, and I do appreciate my State laws that provide fair remedy for the LL in this situation.
Real Estate Attorney Says (by Simplify [NY]) Posted on: Jun 6, 2023 2:49 PM
I am not a lawyer. Below is what NYS RPL 229 (some sources use RPP 229) says - as I read it, if the TENANT gives notice and stays longer yes they owe 2x rental rate. Remember, I don't have lawyer eyes lol.
In our area, if you go for holdover you have to file a separate eviction for monetary judgment (can be merged to one hearing/case). We don't ask for money in a holdover, maybe I should ask our lawyer if you can! Holdover has no defense, eviction/judgment does - so we like to keep it simple on holdovers.
§ 229. Liability of tenant holding over after giving notice ofintention to quit.
If a tenant gives notice of his intention to quit the premises held by him, and does not accordingly deliver up the possession thereof, at the time specified in such notice, he or his personal representatives must, so long as he continue in possession, pay to the landlord, his heirs or assigns, double the rent which he should otherwise have paid, to be recovered at the same time, and in the same manner, as the single rent. --104.255.xx.xxx
Real Estate Attorney Says (by Allym [NJ]) Posted on: Jun 6, 2023 4:22 PM
Pretty sure holdovers who sent a formal letter then were leaving, have to pay double here in NJ --173.61.xxx.xxx
Real Estate Attorney Says (by Vee [OH]) Posted on: Jun 6, 2023 5:14 PM
Ask this atty what about -use and occupancy rates. --184.59.xxx.xx
Real Estate Attorney Says (by Richard [MI]) Posted on: Jun 6, 2023 6:44 PM
Sounds to me like you need a different, better lawyer.
I'd for sure want a second opinion on this. --172.58.xxx.xxx