Ask the Attorney: Can I Sell my Occupied Rental when the Lease Expires?

ask-the-attorneyThe Landlord Protection Agency®presents John Reno, Esq.,a highly experienced Landlord – Tenant attorney based on Long Island, NY.

Q:  Dear Mr. Reno:

I have tenant whose lease expired years ago and is now on a month to month lease. I would like to sell my property; however, I would like to sell it vacant. Could I provide my tenant 60 days notice to vacate because I am selling? I have had mixed replies to this question with some folks saying I could ask her to vacate in 60 days and others saying that I can not ask a tenant to vacate without probable cause for eviction and that I have to let her stay during the sale. I’m wondering if you could shed light on this and offer any input.

Thank you, Marianne, NJ

A: No reason is required. You are cleared for take off. Serve your notice.

Legal Disclaimer
The Landlord Protection Agency’s “Ask the Attorney” column is for informational purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney – client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.

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Ask the Attorney: Rent Control Situation

ask-the-attorneyThe Landlord Protection Agency®presents John Reno, Esq.,a highly experienced Landlord – Tenant attorney based on Long Island, NY.

Q:  Dear Mr. Reno:

It’s a rent control area. My tenant took out my kitchen cabinets and bathroom cabinet and replaced it with smaller one and took out the closet door and put curtain. I took him to court and lost because I didn’t have contract it was dismissed. Then he didn’t pay rent I took him to court and the judge forced me to make him stay and pay because his lawyer filled motion because I didn’t put my address on 3 day notice but I live in same property but different address. He called housing authority and health commissioner because he damaged my shower and cracked the lenolyan tile and broke the wall heater and broke the smoke detector so I fixed all of that. I don’t know what to do with him. He doesn’t want to move. His bringing guests over and telling me “you cannot do anything because no matter what u do I win”.

Osanna, L.A., CA

A: Wow! Where I come from, even with rent control, you’re not obligated to renew a lease. If he’s got one, and now he’s paying, unfortunately, you’re probably stuck with this nightmare until the lease expires.

Legal Disclaimer
The Landlord Protection Agency’s “Ask the Attorney” column is for informational purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney – client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.