Legal Question in Landlord & Tenant Law in New York

I have a apt in Merrick Ny, its the upstairs of a legal 2 family but the landlord did not give me alease. I have been unemployed for 6 months. At one point I was 2 mos behind but my church was able to catch me up. My landlord was nice at the time and worked with me which is why I made sure i got her the money -good thing it was legal that she took the check. Dec. 1 is not here yet and yesterday November 21 she told me she wants me out by christmas. I told her i have no place to go and cant leave, she was like well we will have to talk. Can she just verbally tell me this? when I pay Dec. 1 rent and she takes it which I know she will can she kick me out. Some one told me in NY they can just verbally tell you to get out. I dont have a job and I cant get an apt with out one. I am caught up with my rent so what rights do i have and what rights does she have.? thanks for your time.


Asked on 11/22/09, 9:12 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

when I pay Dec. 1 rent and she takes it which I know she will can she kick me out.

A. As a month to month the landlord would have to give you 30 days (1 month) notice. Outside NYC, notice may be oral - although it is rarely done. If you pay (and the landlord accepts ) December rent, the landlord will have to give you another 30 days notice.

Mike.

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Answered on 11/27/09, 9:29 am


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