Legal Question in Landlord & Tenant Law in New York

Re: A Legal Rumor

Its not just a rumor it has been the law for some time although I do not know the citation offhand e mail any other questions

Re: A Legal Rumor

It is the law but its not statutory. It's based upon British common law. Unlike in criminal law where any action is legal if not explicitly illegal, with respect to civil law (including property law, a sub-set of which is real-estate law, a subset of which is landlord-tenant) law, if there is no statute specifically dealing with the conveyance of property the controlling law is the common law. Without getting too in dept under common law whenever money is taken for a leasehold period, a tenancy is created for that term. Therefore if someone is leased an apartment for one month a month-to-month tenancy is created whether there is a written lease given or not.

Now as far as someone staying at a place, if they haven't paid, the presumption is once they have a key, a leasehold is created and accordingly any move to oust that person without a judicial proceeding is considered an illegal eviction and can subject a landlord to penalty.

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