Legal Question in Landlord & Tenant Law in New York

How long can I stay?

I am currently living in a home on property belonging to my ex-husbands family. I have lived here for 9 years with my two children, in leiu of child support, until my children were out of high school. We agreed to this arrangement, along with his parents who held the mortgage to this house, because he had no steady job and could not provide child support. They are now 15 and 17. In 1998 he and his two sisters divided up the three houses, he signed this house over to his oldest sister (we had built this house when we were still together) he took the original family home and his other sister got the home their parents owned. Both parents have passed away over the past two years. In December we signed a lease for five years, zero rent, as we had agreed to in the past. I just received another lease changing to $500 per month and I am to leave this house by July. In the December lease It clearly states that to change the lease I must receive thirty days advanced notice by Certified Mail. She mailed this changed lease by regular mail not Certified. I was told that I could ignore that lease because it was not properly delivered to me...my thirty days does not start until I receive the Certified mailing. Is this correct?


Asked on 5/03/04, 3:56 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: How long can I stay?

It's certainly an argument that could be raised as a defense should she attempt to enforce the lease. The question is whether the certified mailing was a requirement of the lease or simply a provision to ensure you received notice of a modification.

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 5/04/04, 9:43 am


Related Questions & Answers

More Landlord & Tenants questions and answers in New York