Legal Question in Landlord & Tenant Law in New York

Landlord and rental property

My lease is up on 12/31, my landlord called me today and told me that she put the property on the market for a new tenant. We never gave any indication that we wanted to move. What do we do?


Asked on 12/18/07, 11:17 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Landlord and rental property

Under the terms of your lease agreement, you are required to vacate on 12/31. Therefore, you are responsible to comply with the agreement. If you don't vacate the apartment on that date, you will be in breach. There are ramifications. For example, most written agreements state that tenant is responsible for attorney's legal fees.

Mike.

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Answered on 12/18/07, 1:36 pm
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Landlord and rental property

Not enough facts to provide a helpful response. Generally, in NYS a tenant can become a statutory month-to-month tenant after expiration of a written lease. However, landlord/tenant law varies in the way it is applied depending on where in NYS you live. Regardless, a landlord cannot simply tell you to vacate or use self-help to evict you. The landlord must use the court to evict you. Have you tried to discuss the issue with your landlord?

This is not legal advice. It is for informational purposes only. No attorney/client relationship currently exists.

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Answered on 12/18/07, 12:25 pm


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