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.

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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.

Q&A: Can landlord charge different rents for lease vs. monthly tenants? By ANKY VAN DEURSEN

Short vs LongQ:  Can landlord charge different rents for lease vs. monthly tenants?

Q:  Is it common for landlords to charge tiered rents based on the duration of the rental agreement?

Q:  Is it discriminatory for landlords to charge monthly tenants more than tenants who sign leases?

QUESTION:  In the past, I have routinely renewed my one-year lease with no hassles. This year, however, I told my landlord that my company might be transferring me as part of a reorganization. Because of this uncertainty, I asked my community manager if I could simply convert to a monthly rental agreement rather than commit to a one-year lease.

To my surprise the manager said that a monthly agreement was acceptable but that I would have to pay $200 more per month to move from an annual lease to a monthly rental agreement. Can landlords impose a price differential depending on the duration of tenancies or is this some type of hidden price discrimination against monthly tenants? I have always paid my rent on time and, in my view, been a model tenant.

ANSWER:  Sadly enough, it is becoming increasingly common for landlords to create and implement a tiered rent structure based on the duration of your rental agreement.

This makes sense from landlords’ perspective as they feel more secure with a longer rental commitment. In exchange for a tenant’s written promise to rent for six months or one year they are much more willing to give a more competitive rental rate.

When a monthly tenant decides to vacate after a couple of months, a landlord will incur additional “move out” expenses, in addition to possibly losing rental income until the unit has been rented by a new tenant. The landlord may have advertising expenses, cleaning expenses and perhaps even repair expenses if the short-time tenant has caused damage to the unit that is unrecoverable.

Your thought that a tiered rate might be a form of price discrimination is not valid. Monthly tenants are not a protected class under the discrimination laws. Also, there is no landlord tenant law apart from the discrimination statutes that would prohibit such price differentials.

Your best bet in this situation is to approach your landlord to try and make the case that your positive rental history at the property justifies giving you the lesser rate; though, as previously mentioned, the landlord is under no obligation to grant this request.

This article originally appeared on Los Angeles Times