Legal Question in Landlord & Tenant Law in New York

Been asking to sign the lease....ignored and now being kicked out

I have a friend that has moved into a house

complex recently with his family. They have been asking the landlord to sign the lease and he always came up with some excuse and or ignored them. So now the landlord told them that his sister, who owns the house wants to move in on the first floor, which is where they are at. So he is kicking them out. is that possible? Can he really

do that? is there anything they can do?


Asked on 10/09/05, 7:22 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Been asking to sign the lease....ignored and now being kicked out

You are in good shape on this one. If the landlord tries to evict you, he will have a difficult time.

The landlord will claim you are now on a 'month-to-month' lease requiring 30 days notice. but it can be argued (I think successfully) that you are on a one month lease.

It might be best to negotiate a move-out on condition that the landlord pay your moving expenses.

I am available for further questions or a consultation for no fee.

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Answered on 10/09/05, 9:51 pm


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