Legal Question in Landlord & Tenant Law in New York

Order to quit

I received an order to quit from my landlord stating I have 30 days to turn over the apartment to her. This is not due to non-payment of rent but because the house is under contract. I live in a owner occupied two family. Is this an official eviction notice? does a judge have to order us to evict? and is this sufficient time?


Asked on 4/22/03, 10:21 pm

3 Answers from Attorneys

Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Order to quit

The notice you received from your landlord is not enforcable. New Jersey Statute NJSA 2A:18-61.1 and 61.2 provides the notice requirements. 2 month notice is required. Please read the articles that I poster on the internet on the subject. Go to NJLawnet.com and look for the articles, or e-mail me directly and I will send you further information. Also, the New York lawyers answer to you that was posted saying the notice is valid is WRONG. Do not listen to the NY lawyer as the laws there are different. see http://www.njlawnet.com/njlawreview/njlandlordtenant.html and call me if we can help you 973-643-0040 x-104

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Answered on 4/23/03, 9:31 am
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

DISREGARD MY LAST POSTS. MY ERROR.

SORRY. PLEASE DISREGARD MY LAST POSTS. I THOUGHT IT WAS ABOUT A NEW JERSEY PROPERTy.

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Answered on 4/23/03, 10:25 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Order to quit

If you do not have a lease, 30 days notice is all that is required. If you do not vacate, your landlord will then need to go to court and start

"hold over" proceding to have you officially evicted. You will get notice of this and have to appear in court. Many times the Judge will extend time to vacate if you show good reason.

Debra Palazzo

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Answered on 4/23/03, 1:19 am


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