Why Landlords Pay Tenants to Leave
A buyout is exactly what it sounds like: your landlord offers you cash (and sometimes other benefits) to voluntarily surrender your lease and move out.
Why would they pay? Because getting you out through legal eviction is difficult, expensive, and uncertain—especially if you're rent-stabilized, have lived there for years, or are paying well below market rent.
Your apartment has value to them. The question is: how much?
You Have More Leverage Than You Think
Buyout amounts aren't set by formula. They're set by negotiation. Your leverage depends on several factors:
Rent stabilization status: If your apartment is rent-stabilized, your landlord can't simply non-renew your lease. That protection is worth money—sometimes a lot of money.
How far below market rent you pay: The bigger the gap between your rent and what the landlord could charge a new tenant, the more valuable your departure becomes.
Length of tenancy: Long-term tenants have stronger legal protections and deeper roots. Landlords expect to pay more.
Age and disability: Tenants over 62 or with disabilities have additional protections, including requirements for enhanced buyout disclosures and, in some cases, the right to return.
Building context: Is the landlord trying to empty the building for sale? Renovate for condo conversion? Combine units? The more urgently they need you gone, the higher your leverage.
Brooklyn Buyout Reality
Brooklyn's rapid gentrification has created intense buyout pressure in neighborhoods where rents have skyrocketed while longtime tenants pay a fraction of market rate.
High-pressure neighborhoods include:
- Williamsburg
- Bushwick
- Crown Heights
- Bed-Stuy
- Prospect Heights
- Park Slope
- DUMBO
In these areas, rent-stabilized tenants routinely receive buyout offers—and routinely leave money on the table by accepting too quickly.
Typical Brooklyn buyout ranges:
- Lower end (short tenancy, fewer protections): $10,000–$30,000
- Mid-range (stabilized, several years, moderate gap): $50,000–$100,000
- Higher end (long-term stabilized, far below market, elderly): $100,000–$200,000+
- Exceptional cases (decades of tenancy, prime location, building-wide buyout): $250,000+
These numbers vary widely. The only way to know your position is to understand your specific circumstances.
What to Negotiate Beyond Cash
Money matters, but it's not the only term worth negotiating:
Time to move: Don't accept a 30-day deadline if you need 90. Negotiate adequate time to find suitable housing.
Moving expenses: Professional movers in Brooklyn can cost $2,000–$5,000+. Get it covered separately from the buyout amount.
Payment structure: Some tenants prefer a lump sum; others want payments timed to when they need them (deposit on new place, first month's rent, etc.).
Lease termination terms: Ensure the agreement clearly states that you're leaving voluntarily with no negative rental history.
References: A written commitment from your landlord to provide a positive reference for future rentals.
Confidentiality: Decide whether you want the amount kept private—and whether you want the right to discuss it.
NYC Buyout Disclosure Requirements
Under NYC Local Law 93 (2015), landlords must provide specific written disclosures before making a buyout offer:
Required disclosures include:
- You have the right to refuse the offer
- You have the right to consult an attorney before signing
- You may be entitled to future rent increases limited by law
- Accepting may affect your eligibility for certain housing programs
- The offer must be in writing
If your landlord skipped these disclosures, that's leverage too.
Common Landlord Tactics
Landlords (or their representatives) sometimes use pressure tactics to get tenants to accept less:
Lowball first offers: The initial offer is almost never the best offer. It's a starting point, not a ceiling.
Artificial deadlines: "This offer expires Friday" is usually negotiable. Real deadlines exist, but most are manufactured to create pressure.
Misinformation: "You have no rights," "We can evict you anyway," "This is the most anyone's gotten." Often false. Verify everything.
Personal pressure: Door knocks, repeated calls, showing up unannounced. Document this—it may constitute harassment.
Making life difficult: Slow repairs, reduced services, construction noise. Document everything. Harassment during buyout negotiations is illegal and actionable.
Tax Implications
Buyout payments are generally taxable income. The IRS treats them as ordinary income, not capital gains.
What this means:
- A $100,000 buyout may net you $60,000–$75,000 after federal and state taxes
- You may be able to negotiate the landlord paying a portion "grossed up" to cover taxes
- Consult a tax professional before signing—not after
When to Accept, When to Walk Away
Consider accepting when:
- The offer reflects your true leverage
- You're ready to move and have housing lined up
- The amount meaningfully improves your situation
- You've had an attorney review the terms
Consider walking away when:
- The offer is far below your leverage
- You have no desire to move
- You're being pressured without proper disclosures
- The terms include provisions you don't understand
Remember: you can always say no. Your landlord cannot evict you for refusing a buyout.
Never Sign Without a Lawyer
This is the most important advice on this page. Buyout agreements are legal contracts. They waive rights. They have consequences.
An attorney can:
- Evaluate whether the offer reflects your leverage
- Identify terms that hurt you
- Negotiate better terms
- Ensure you understand what you're giving up
The cost of legal review is a fraction of what you might leave on the table—or accidentally sign away.
If you've received a buyout offer in Brooklyn, call (347) 669-3256 or visit 592 Pacific Street before you sign anything.
"The initial offer is almost never the best offer. Know your leverage before you respond—and never sign without legal review."
— Jay Browne · Brooklyn Housing Attorney *Results vary. Every case is different.