Legal Question in Landlord & Tenant Law in New York

How Long Can I Stay

I am currently living in an apartment in Queens NY, for which I paid one month rent and security. But the landlord for some reason does not wish to give me a lease and said that I have to move out. I Have the Keys to the place and I have been there for over 3 Weeks. I want to know is there any way to force the Landlord to give me a lease since I am already living in the Apt, and if not, how long do I have, and what are my legal rights and options?


Asked on 5/20/04, 2:53 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: How Long Can I Stay

In effect what you (and your landlord) have created is a month-to-month lease. To terminate, yourlandlord (or you) would need to provide a month's notice. Also if your landlord did not want to create an additional month tenancy he cannot accept rent from you. Every month he accepts rent from you, a new month-to-month tenancy is created requiring an additional month's notice to terminate.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Read more
Answered on 5/20/04, 3:15 pm
richard feldman richard d. feldman

Re: How Long Can I Stay

you do not have to move out you are a month to month tenant and the landlord has to serve a notice to quit and then start a holdover proceeding in court call me at 516 466 LAWS for free telephone consultation

Read more
Answered on 5/20/04, 4:01 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New York