New Lease Without Roommates

Summary

In New York, you can end a month-to-month lease alone, but all tenants are responsible until termination. Notify your landlord in writing and get all agreements documented. The landlord should inform your roommates about the termination. Roommates can challenge the notice if they believe it was improperly given or retaliatory. Consult a local attorney for specifics.

Full Conversation

i live in upstate ny and i want to start a new lease without my current roommates on it, we currently have a month to month agreement
Hello Hannah, you will need to notify your landlord about this in writing. However, keep in mind:
- Your landlord has the right to refuse.
- If you're a co-signer, you may need your roommate's agreement.
Remember to get any changes in writing to protect yourself.
ive already put it in a new application for the lease, im not sure how long it will take for the approval, and since ive already been a tenant it shouldn’t be rejected right?
While being a previous tenant might increase your chances, the landlord has full discretion in approving applications. They might consider factors like your financial stability and rental history. It typically takes *-3 days for a landlord to approve a rental application.
my income is more than enough to cover everything, do my roommates have to agree to end the month to month or can i be the decider to end it
In New York, any tenant can end a month-to-month tenancy alone. However, all tenants are responsible until the termination takes place. If your roommates stay, they could potentially be liable for the rent. Please consult with a local attorney for specifics.
so if i wanted to end the month to month and get a new lease for the apartment i could?
Yes, as long as your landlord agrees. Remember:
- Give your landlord a written notice.
- Your roommates will be responsible for rent until termination.
- Consult a local attorney for specifics.
so what would happen if i get the new lease? would i have to wait for them to put in their notice to leave or can the landlord make them leave?
If you secure a new lease:
- Your roommates would need to leave by the termination date of the old lease.
- The landlord may intervene if they do not leave.
- You should consult a local attorney for specifics.
so would the signing of the new lease automatically terminate the month to month one?
In general, signing a new lease doesn't automatically terminate the existing month-to-month lease. You should:
- Notify your landlord about the termination of the old lease.
- Get written confirmation of the termination.
- Consult a local attorney for specifics.
there’s nothing in the lease about needing written termination, would verbal be enough?
In New York, a month-to-month tenancy can be terminated by either party with at least a month's notice. However, written notice is recommended to avoid disputes. Consult a local attorney for specifics.
but if i told my landlord i wanted a new lease and let me apply for a new one i should be okay?
Yes, if your landlord lets you apply for a new lease and accepts it, you should generally be okay. However, it's still recommended to:
- Get all agreements in writing.
- Consult a local attorney for specifics.
and I wouldn’t have to say anything to the roommates until they get the notice to leave?
Technically, you could wait until they receive the termination notice. However, it's often better to communicate with roommates about it beforehand to avoid disputes. Please consult a local attorney for specifics.
I know if i tell them they’ll retaliate, the living situation is turning hostile
I understand your situation is challenging. You need to ensure your safety first. If you feel threatened, you may want to consider legal protections such as a restraining order. Do you need information on how to obtain a restraining order in New York?
could i also use violations the roommates did to like increase my chances of getting them out
In New York, landlord-tenant law allows landlords to evict tenants for lease violations. If your roommates have committed such violations, you can notify your landlord, potentially aiding your situation. Consult a local attorney for specifics.
would welfare fraud be an evict able offense? or unpaid bills?
In New York:
- Welfare fraud may be a criminal offense but is not typically grounds for eviction.
- Unpaid bills can be grounds for eviction if they are related to the rental agreement.
These rules are general and may vary. Consult a local attorney for specifics.
can my landlord offer me a new lease but keep the month to month going?
In New York, a landlord can generally offer a new lease while a month-to-month lease is ongoing. However, you should clarify this with your landlord to avoid confusion. Remember to:
- Get all agreements in writing.
- Consult a local attorney for specifics.
so when i sign the lease i tell him i want the month to month to end
Yes, it's important to clearly indicate your intentions to your landlord. However, make sure to:
- Provide this in writing for record purposes.
- Consult with a local attorney to ensure you're following the correct process.
would my roommates be able to fight it if im the only one that said to end the month to month?
In New York, any tenant can end a month-to-month lease alone. However, roommates can challenge the notice if they believe it was not properly given. A local attorney can provide more specifics on this.
how would they challenge it
Your roommates could challenge the termination by asserting that they didn't receive proper notice. They might also argue that the notice was discriminatory or retaliatory. It's advisable to consult with a local attorney for specifics.
who would they receive proper notice from?
The proper notice of termination should generally be received from the landlord. This is to ensure that all parties are informed of the changes in the lease agreement. Please consult with a local attorney for specifics.
okay so he should give them the lease termination notice is what you’re saying? i don’t need to tell them im ending it?
Yes, it's generally the landlord's responsibility to provide the termination notice. It's a good practice to have open communication with your roommates, but it's not legally required. Consult a local attorney for specifics.
so if I tell him I want to end the month to month, the landlord would be the one to tell the roommates?
Yes, in New York, the landlord is generally responsible for notifying all tenants about changes to the lease agreement, such as termination. Please consult with a local attorney for specifics.
and they can’t try to challenge the notice once it’s received right?
In New York, roommates can challenge a termination notice if they believe it wasn't properly given, or if they claim the notice was discriminatory or retaliatory. It's advisable to consult a local attorney for specifics.
what instances would make it retaliatory?
Retaliation by a landlord can occur if they take negative action against a tenant for exercising their legal rights. For example:
- Complaining about property conditions
- Joining a tenants' union
- Withholding rent due to lack of repairs
Please consult a local attorney for specifics.
I don’t think that would apply to my situation
If you're not engaging in such activities, retaliation may not be applicable. However, you should still consult with a local attorney to understand all potential implications of your actions.
Can the roommates challenge ending the month to month?
Yes, in New York, roommates can challenge a termination notice if they believe it wasn't properly given, or if they claim the notice was discriminatory or retaliatory. It's advisable to consult a local attorney for specifics.
Can they challenge it if im the one to end it not the landlord?
In New York, roommates generally can't challenge a termination notice simply because it was initiated by another tenant. However, they could potentially challenge it on grounds of improper notice, retaliation, or discrimination. It's advisable to consult a local attorney for specifics.
What would be improper notice
Improper notice could include:
- Not giving enough notice (at least 30 days in New York)
- Not delivering the notice in the correct manner
- The notice lacks necessary information
Consult a local attorney for specifics.
Do I have to tell them im ending the month to month?
In New York, it's generally the landlord's responsibility to inform all tenants about the termination of a month-to-month lease. While it's good practice to communicate with your roommates, it's not legally required. Consult a local attorney for specifics.
So as long as the landlord knows im good
In general, as long as your landlord is informed and agrees with your plan to end the month-to-month lease and start a new one, you should be okay. However, ensure all agreements are in writing to safeguard yourself. It's recommended to consult a local attorney for specifics.
what would be the proper way to give them the notice?
In New York, the proper way to give notice of termination for a month-to-month lease would be:
- In writing, specifying the termination date.
- At least 30 days in advance.
- Delivered personally or by certified mail.
Consult a local attorney for specifics.
what would they have to do in order to challenge it?
In order to challenge the termination, your roommates could:
- Assert that they didn't receive proper notice.
- Argue that the notice was discriminatory or retaliatory.
- Seek legal counsel.
Please consult with a local attorney for specifics.
would they have to fire a lawyer to fight it?
If your roommates decide to challenge the termination of the lease, they might consider hiring a lawyer to represent them. This would depend on their individual situation and resources. It's advisable for them to consult with a local attorney.
if the landlord doesn’t get back to me when should I call to check on the application?
It's generally appropriate to follow up with the landlord after about a week if you haven't heard back about your application. This timeframe may vary depending on how busy the landlord is. Always remember to communicate politely to maintain a good relationship.
about how long does it take for an application to be reviewed/approved?
The review and approval process for a rental application typically takes between *-3 days. However, this can vary depending on the landlord's schedule and the number of applications they are processing. Please consult with your landlord for specifics.
what can I do if the roommates retaliate against me because of the notice?
If your roommates retaliate against you, you could:
- Document their actions.
- Communicate with your landlord.
- Involve local authorities if you feel unsafe.
- Consider legal protections, such as a restraining order.
Remember, your safety is paramount. Please consult with a local attorney for specifics.