Blumberg Lease Nyc: Fill & Download for Free

That requires the Lessor's written consent unless that consent is already granted in the lease.Once you have consent, obtain a form called "Assignment and Assumption of Lease" by Blumberg, or similar form, and execute it together with the Assignee.It is strongly recommended that you consult an attorney for this.

The Blumberg “Standard-Form of Apartment Lease,” promulgated by the Real Estate Board of New York (REBNY), a landlord organization, is the most common apartment lease used in NYC.This lease contains hundreds if not thousands of separate agreements and obligations, all of which are considered by landlords as “standard” to include in a NYC apartment lease.Many NYC landlords also attach a “rider” to that lease containing additional agreements and obligations specific to that property and/or their company.New York Residential Lease FormsTenants' Rights and the Standard Rental Lease

I worked in a landlord-tenant law firm and for two NYC Marshals (the people who evict you and garnish your salary for debts that are in judgment) as a collection specialist and a paralegal. I have seen literally thousands of L&T cases in every borough with the exception of Richmond County (Staten Island). Make sure you have a rock solid lease with the signatures of the tenants; those signatures should match the drivers license or state ID. Secondly make sure you have a paystub from a current employer, a verified social security number, and a verified check from a financial institution they use, not mommy or daddy or anyone else but the tenant( one they pay the rent with! Never, ever accept cash or a credit card from a tenant for rent unless you are running a high end real estate company!). Ok, now you are ready for the inevitable.Ask the tenant why they are refusing rent and verify the problem. Dr House would say often ‘Patients lie’; tenants lie too! If the problem is ‘material cause’ which means a breach of the lease (busted water service, vermin, not providing reasonable secure, safe, and quiet enjoyment of the premises, etc..) fix it. You do not want to appear in court with that stuff because the judge may say ‘'fix it by this date or you will pay their rent’. If you are doing something illegal on the premises, stop; judges are not the people you want finding that stuff out, especially in open court! If they lost their employment, verify it! If u want to be cool about lowering the rent (while retaining the right to collect the difference of the agreed upon terms when employment is found), include that as rider to the lease with the tenant’s signature and yours. Set a time limit as well. But now if they refuse to pay and none of the above is applicable…Warn them with a nonpayment letter, this will be your initial demand letter ( send this certified mail!)The demand letter should have a thirty day time limit. Make sure the letter has Miranda warning, ‘This is an attempt to collect a debt, any and all information from the date of this letter will be used to collect the debt.’ Make sure you make them aware they are in violation of the agreed upon terms of the lease! No luck after thirty days? Go to court, have the clerk write a summons and complaint ( you don't need a lawyer for this at this point) and get them in front of a judge for possession of the premises (primary complaint) and a ‘money judgment’ for back rent and physical damage to the premises, if applicable! Get a process server to serve them IN PERSON! No ‘nail and mail’ service; give the process server ALL the places they might be.Why am I telling you this? If you threaten the tenant, if you block service while they are still in possession ( that means living on your premises, period), if you enter the apartment without prior written notice or ‘life/limb’ cause, if you call their employer or write a letter to said employer without just cause (just cause meaning to verify something like unemployment and btw you should record the conversation or get written consent) they can SUE YOU!!Now once the judgment of possession is rendered and the Sherriff or Marshal evicts the tenant, you have that money judgment, right? You also have VERIFIED financial records and social security number, right? I'm saying ‘right’ because I alluded to doing those things previously btw! Now you can go to your computer and print out a Blumberg form conforming with the rules of your jurisdiction, and garnish their wages and seize their bank account. The Sheriff or Marshall must serve the notice (banks and employers will not take it from you or pay you directly, that's illegal) and collect your money.I'm also explaining this to you because the tenant may file an ‘'Order to Show Cause’ to show why the judgment may be vacated according to the NY CPLR. Some judges are very liberal and think people should live in your house for free, you can't help when they vacate the judgment. But if you do all of the above, follow the law, be a decent person about privacy and safety, have warnings in writing and receipt the tenant actually got the letter, have no breach on your end, have tried to amicably solve the issue through conversation, and followed common sense, and not broken the law… they don't stand a chance!!Disclaimer: I am not an attorney, this entire post is from experience and knowledge and I am not responsible for anything that happens by acting on this post between you and your tenant. By reading this post you are accepting full responsibility for your actions and hold the author of this post harmless.I learned disclaimers working at a law firm as well! Good luck!!