Legal Question in Landlord & Tenant Law in New York

Landlord giving me one month

My landlord is giving me one month to empty out the apartment I currently live in. I don't have a problem since I want to move out however one month is a short time and there is no way to find something that quickly. He doesn't want to work with me and wants me out no later than a month.

What are my rights in this situation?

Can I legally request more than a month to find the apartment?


Asked on 11/06/08, 6:24 pm

3 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Landlord giving me one month

He has to bring a legal action to evict you. He needs a court order.

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Answered on 11/06/08, 6:43 pm
Steven Czik CZIK LAW PLLC

Re: Landlord giving me one month

You can request alot more than a month if you can show reasonable cause for it. He cannot evict you without a judgment and a warrant of eviction. 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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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 11/12/08, 5:33 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Landlord giving me one month

Jason is correct but let me add the following:

When the landlord commences an action for an eviction, if you demonstrate that you are paying rent and actively seeking another apartment, the Judge should give you additional time. In my 20 years practicing law I never saw a Judge refuse a reasonable request.

Mike.

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Answered on 11/07/08, 9:31 am


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