Legal Question in Landlord & Tenant Law in New York
My name is Sara, I just received a surprising eviction notice last night on my door when i got home. I then called my landlord, who said the reasoning for the eviction is because he has to live here because he is having problems at home. I then called him today and told him I would be out by Friday, as the notice says I can leave now until March 31st. He then said "the lease is until march 31st you can not leave yet" There is no lease, it's a month to month agreement, which i just read thoroughly. I then mentioned my security deposit and that I will need it when I leave because that's what I'm using to move. He then said I will get it in April sometime. I told him his letter says I can move anytime between now until March 31st, and my rental agreement says I get my deposit back when I move. What he's saying is completely different than what is on paper, with his signature right under it. So my question is:: Is what he doing legal? and, Should I take legal action against him?
It really just seems as if he doesn't have my money, and that he needs my to stay for March so he gets the rent. In my eyes, he clearly didn't think this threw before he evicted me and my family.
1 Answer from Attorneys
If you have a month to month tenancy, the landlord has the right to end the tenancy upon 1 month (30 days) notice. Whether or not the notice is legal would depend on the wording in the document.
Remember, even after the term expires, the landlord would not be able to evict you without a Judgment of Possession and Warrant of Eviction signed by a Judge. This is done only after a court proceeding.
I would ask him for the return of the security on the day that you are leaving. The security should be paid to you in either a bank check, certified check, money order or cash.
Mike.
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