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Example 3: The questionable tenant is as we described in Example 2, but the tenant of record was rent stabilized.
The landlord would have to make the appropriate filings and the questionable tenant would have to agree not to file a fair market rent appeal.
For such a person, if the tenant of record was rent controlled and the apartment would comparably rent in the neighborhood above $2,700, a buyout would include the questionable tenant announcing in the settlement papers that there is no legitimate claim and the landlord and this person agreeing to a first decontrolled rent of over $2,700.
If a vacancy increase would be enough to get the apartment over $2,700, then the questionable tenant would announce in the settlement papers that there is no legitimate claim and the landlord and this person would enter into a vacancy lease for over $2,700.
Similar(56)
The same considerations for rent concessions apply here as in Example 2. Example 4: There is a questionable tenant, but a vacancy increase would not be enough to bring the apartment over $2,700.
Example 2: A questionable tenant is someone with a weak succession claim, claiming to succeed to a legitimate tenant.
Persons with no legitimate claims are treated in the same manner as questionable tenants.
The people whom a landlord might want to buy out fall into three categories: (1) legitimate tenants; (2) questionable tenants; and (3) people with no realistic legitimate claim to the apartment at all.
Did Leibovitz intend the questionable reference?
The questionable wording was modified.
UPDATE: The board rehired the tenant.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com