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HELP ANYONE A LAWYER (TENANTS)

Mrs. Bernabe Posted:

HELP ANYONE A LAWYER (TENANTS)

Hi,

I have a tenant who's lease is up in August 08. I am trying to sell the home, but he refuses to cooperate with the broker. The broker is asking to show the apt. wed nights from 6:30-9:30 pm. He also said that he would notify him 24 hrs before the showing. well the tenant says he can only allow him to show it between 9-930 am on Friday. Obviously he is being a jerk when he is home all evenings!

What can I do to get him to cooperate?
MrsCM Posted:

Re: HELP ANYONE A LAWYER (TENANTS)

Is there anything in his lease that says that you can show the home when you want to? Otherwise, it's unfortunately his prerogative. If the tenant rents the home, it remains their prerogative to remain undisturbed which is why a lot of landlords put in the lease that they can enter unannounced, show it to prospective tenants, etc.

What does your lease say?
Mrs. Bernabe Posted:

Re: HELP ANYONE A LAWYER (TENANTS)

nothing about show perspective tenant or entering without permission.

can I give him 24hr notice that I need to go in to show the apt?

jcreilly Posted:

Re: HELP ANYONE A LAWYER (TENANTS)

Your broker should know what to do. you can not go in the apartment without his permission even if you are the owner. im sorry he is being a jerk. But the Broker should know a real estate lawyer who can help you ask him..

Mrs. Bernabe Posted:

Re: HELP ANYONE A LAWYER (TENANTS)

yeah I have a friend who is in real estate but he's out on vacation and I need to talk to my tenant soon and want to know about the laws in the event that he does not cooperate with me.

candybride123 Posted:

Re: HELP ANYONE A LAWYER (TENANTS)

By law u r allowed to show the apt to prospective new tenants as long as you give 'reasonable notice' and it is a reasonable time.

Mrs. Bernabe Posted:

Re: HELP ANYONE A LAWYER (TENANTS)


Posted by candybride123

By law u r allowed to show the apt to prospective new tenants as long as you give 'reasonable notice' and it is a reasonable time.



This is what I believe was the case. I thought I could give 24hrs notice.
candybride123 Posted:

Re: HELP ANYONE A LAWYER (TENANTS)


Posted by seawedding

Is there anything in his lease that says that you can show the home when you want to? Otherwise, it's unfortunately his prerogative. If the tenant rents the home, it remains their prerogative to remain undisturbed which is why a lot of landlords put in the lease that they can enter unannounced, show it to prospective tenants, etc.

What does your lease say?



No offense- but ur wrong. (I'm an atty and have worked in l/t law)

Mrs. Bernabe Posted:

Re: HELP ANYONE A LAWYER (TENANTS)


Posted by candybride123


Posted by seawedding

Is there anything in his lease that says that you can show the home when you want to? Otherwise, it's unfortunately his prerogative. If the tenant rents the home, it remains their prerogative to remain undisturbed which is why a lot of landlords put in the lease that they can enter unannounced, show it to prospective tenants, etc.

What does your lease say?



No offense- but ur wrong. (I'm an atty and have worked in l/t law)




I just did land lord tenancy under property I but I don't have the experience to advice myself. I am just worried, because I don't plan on renewing the lease, and just learned under common law that you have to give notice of termination 6 months in advance and I only have two months left. That is why I was interested to know what the laws are in NY....Does it follow the common law?

Thank you so much!!!!!!
SFAR89 Posted:

Re: HELP ANYONE A LAWYER (TENANTS)

I posted on your other post. The law states you have to give reasonable notice, and view the apartment at a reasonable time.

Mrs. Bernabe Posted:

Re: HELP ANYONE A LAWYER (TENANTS)


Posted by SFAR89

I posted on your other post. The law states you have to give reasonable notice, and view the apartment at a reasonable time.



thank you
candybride123 Posted:

Re: HELP ANYONE A LAWYER (TENANTS)

I just FMed u. Note that almost nothing u learn in law school will apply to real life past the bar!
Mrs. Bernabe Posted:

Re: HELP ANYONE A LAWYER (TENANTS)


Posted by candybride123

I just FMed u. Note that almost nothing u learn in law school will apply to real life past the bar!



this is why I don't want to be a smart pants and figure things out for myself. I have to turn and ask some one who practices the law in the specific field. I wanted to be informed before I went to speak with him. Thank you so much
kellylee418 Posted:

Re: HELP ANYONE A LAWYER (TENANTS)

Not a lawyer but I would put everything in writing! JMO! Good luck with this!

candybride123 Posted:

Re: HELP ANYONE A LAWYER (TENANTS)


Posted by Mrs. Bernabe


Posted by candybride123

I just FMed u. Note that almost nothing u learn in law school will apply to real life past the bar!



this is why I don't want to be a smart pants and figure things out for myself. I have to turn and ask some one who practices the law in the specific field. I wanted to be informed before I went to speak with him. Thank you so much



NP! Good luck w/ everything.

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