Legal Question in Landlord & Tenant Law in New York
Our landlady has asked us to move out with a note labeling us as guests that she has accommodated.
We have paid rent every month for almost 6 years, and although we have paid in cash many times, we do have cashed checks and emails of her telling us that she was raising the rent. She has given us till December 15th to move out, although she has recently told us that if we're actively looking that she would be lenient.
Keep in mind that this woman is a lawyer and the way she worded the letter was as such: "Dear Michael and Ronnie, I can no longer accomodate (she spelled it wrong) you as guests in my home. Jim and I need the space my December 15, 2009. Thanks, Arlene"
Thank you for your time.
2 Answers from Attorneys
Under the law you are deemed as tenants since you are paying rent. It does not matter how the landlord words the notice.
As a tenant without a lease, you are entitled to 30 days notice. Courts have interpreted the 30 days notice to mean 1 calendar month. Therefore, if the landlord gives notice today, the earliest you would be out is December 31.
Finally, a landlord may not evict without a judgment of possession and warrant of eviction issued by the court.
Mike.
Mr. Markowitz is correct. She has not issued proper notice as is required by law and when she does you will still have at least one full month before she can initiate summary proceedings and sue you in Housing Court to have you evicted. You have rights, tenant rights and you cannot be evicted without her going through all the proper channels. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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