Legal Question in Landlord & Tenant Law in New York
eviction
I'm a single mom w/ 10 year old son. My live in boyfriend recently passed away unexpectedly. When delivering to my landlord this month's rent--I requested that she consider reducing my rent. She refused too accept my check and informed me that she would speak to her lawyer to begin eviction. I do not have a lease. I rent on a monthly basis and have always paid my rent on time.
Do i have any rights to prevent eviction? If not, how much time do i have?
3 Answers from Attorneys
Re: eviction
As a general rule, if the landlord wants you out, the landlord can get you out. The lack of a written lease means that you are due only a 30 day notice.
However, I can get you ar least 6 months longer after the landlord files for eviction. I have delayed such actions as long as two years. (The laws are very technical and very complex and I know them very well!)
You are welcome to make an appointment by email.
Re: eviction
Depending on how long you lived in the apartment you may have acquired rights subject to the rent-stabilization laws, at least if you were there openly. But you will have no rights unless you are willing and able to pay the full rent owed under the lease.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Re: eviction
As a tenant without a lease the Landlord must give you 30 days notice.
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