Legal Question in Landlord & Tenant Law in New York

A Senior-Citizen Apt.RENTER'S' Lease ends Feb28,2004* but plans to MOVE OUT*to b

We live in a NON RENT STAB*APT* in Rego Park, N.Y.

for 2 years.

The Apt. is too SMALL for my

Mother, a NYC Hotel Union Pensioner/Senior Citizen,

and her two adult children.

The NYC Hotel Union just PRE-APPROVED her to BUY her

own HOME as of 12/3/03.

My mother, who is a Senior Citizen - just received a

letter from her LANDLORD for her 3rd year Lease Apt.

Rental Renewal form to be signed by FEB 28,2004.

with a $ 25.00 rent increase.

HER LEGAL QUESTION IS:

SENIOR CITIZEN HAS A:

APT.RENTAL RE-NEWAL FORM MUST BE SIGNED BY

FEB 28, 2004. OR MUST IT BE SIGNED BY THAT DATE?

AS SHE PLANS TO MOVE OUT - AS SOON AS POSSIBLE

BUT HAS NOT FOUND A PROPERTY TO BUY YET..........

Do we have a legal right to request by asking in writting:

SHE IS PLANNING TO BUY A PROPERTY VERY SOON,

HAS NOT FOUND IT YET?

SHOULD SHE SIGN HER APT RENTAL LEASE -RE-NEWAL FORM BY DUE DATE? FEB 28,2004..............???????

PLEASE ADVISE, THANK YOU.


Asked on 1/06/04, 5:32 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: A Senior-Citizen Apt.RENTER'S' Lease ends Feb28,2004* but plans to MOVE OUT*

In NY nobody gets thrown out of an apartment. The landlord must take specific statutory steps to evict a Tenant. In your case, remaining after the lease expires makes you a mo to mo tenant and you must give the landlord a full month's notice of your intent to vacate. On the other side, the LL must also give you full mo notice to vacate and then start summary proceedings. Pls note the full mo notice is according to when you may the rent. Ex. If you pay on the first, you must notify LL PRIOR to the first so that LL gets a full mo rent cycle. You can not notify him on the 15th that you will vacate the following 15th. if you need further clarification, pls Email me.

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Answered on 1/08/04, 8:54 am


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