If the building is 5 units or less the outcome is more sure. The owner can terminate the lease but giving the tenant a thirty day notice of termination of tenancy. After the thirty day notice has finished then a notice of Petition & Summons is filed and a court date is given where the Owner and Tenant meet and try to reach a date for the tenant to vacate the apartment. The time to vacate can be up to six months from the date of first court appearance.
When the owner wants the apartment vacated he can speak with the tenant and try to make a mutually agreed upon date to vacate. As long as the tenant wishes to accomadate the owner everything will go as planned. If the tenant doesn't vacate as agreed, the owner will find that he will have to start all over again. The big difference would be that all rent arrears need to be brought up to date to make a bindding agreement... Good luck if you need more info call me at (646) 233-4362
On the other hand, common sense says, if the tenant refuses, regardless of the lease terms, I doubt the landlord has much recourse other than legal action.
Attorneys are the best and only source of legal guidance for issues of this nature.
PowerHouse Solutions, Inc.
185 Great Neck Rd, Suite 240
Great Neck NY 11021
Licensed Mortgage Banker â€“ NYS Dept. of Financial Services
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It is really important to get the space rented in allignment with your vacating the property.
Try to be as cooperative as you can. If viewings are declined, opportunities are lost. If you had been declined to view the apartment when you were looking, you might have been living somewhere else.
I am sure the management will appreciate your cooperation.