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Tenancy laws in the USA - help please!

2043

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EW EXPERT

Latest post on 08 February 2011 - 18:23

I really hope someone might be able to help me. My son lives in New York and has been in his apartment almost 11 months. The contract allowed him to give 30 days notice and was an 11 month contract. He wants to renew this contract and the Realtor is asking him to pay a further 2 weeks rent for the privilege, is this right? I feel he should probably be expected to pay a fee but not so much, he paid a months rent as a fee when he first moved in.

Please help I am at my wits end!

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2043

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EW EXPERT

Latest post on 09 February 2011 - 04:49

Thanks gleekfamily, I appreciate your help.

gleekfamily24043

481

Posts

EW EXPLORER

Latest post on 08 February 2011 - 19:46

If the fee is not written in the lease and he is still outside of the 30 days notice period, then I don't think they can charge him. NY is pretty strict about these things and there are TONS of free tenant's rights/advocate groups in NYC that can give him free advice. But he's cutting it close on time... Good luck! Mommy's job never ends, not even thousands of miles away. :)

2043

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EW EXPERT

Latest post on 08 February 2011 - 18:58

I have never seen the contract, he is going to scan it to us tonight his time. Sorry I am having a very flustered day today - I think the contract was for a period of just 11 months originally, this time scale enabling him to have a 30 day break clause included. His 11 months expire at the end of February. They are happy for him to have a new contract on the same terms but today when he was supposed to sign the new lease suddenly this 2 weeks rent fee has arisen, he did not know anything about this before. Until I see the contract I don't know what it really says, would you believe that I deal with thsi stuff every day in Dubai as a relo agent but I have no idea how it works anywhere else!! Thanks for your help!

gleekfamily24043

481

Posts

EW EXPLORER

Latest post on 08 February 2011 - 18:51

CP your son can contact HUD (I think that's what they still call it) to be sure (as rental laws are different depending on whether it's rent controlled or not). Sorry, but I don't fully understand what you wrote: a) your son is in his 10th month of tenancy, coming up to the 11th month (so he has 30+ days left on his contract) b) your son is in his 11th month of tenancy, coming up to the end of the complete lease term (he has less than 30 days) If it's a, he probably has until 30 days before the end of the lease date to renew (but I believe in NY it's automatically up to the landlord whether or not to extend the contract, but should be stipulated in the contract). But again, I think that depends on whether it's rent controlled or not. If it's b, then I think he will have to pay a fee. However, there should have been an overstay fee clearly written in his contract (ie any overstay will be agreed in advance and pro-rated at a charge of $x per day). I hope that makes sense. Should definitely call HUD...in case he is obligated to pay a fee, there are definite rules as to what he can be charged.

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