Legal Question in Landlord & Tenant Law in New York
Signed Agreement
I met with the new owner/landlord of my building today who said me and my roommates need to move by January 1. We have been month-to-month tenants; me for 14 months, my roommate for over 2 years. Originally he wanted Dec 1, but I was able to get more time. Also, he wanted to raise our rent for the remaining month, but I said no and he said, ''I'm not going to fight you.'' So, I requested that it be put in writing and we signed an agreement stating the following: ''This is an agreement made on November 08, 2007 between [landlord] for [address] and [tenant] that for December 1 she is to pay $550.00 for rent and as of January 1 she is to have the apartment vacant.''
I realize now I will need much more time to make this happen and that I'm not even going to be in NYC on 1/1. However, upon review of the document, I'm wondering if the January 1 date is legally binding, given that there is no year specified? And I now find out we have squatter's rights, so I'm not sure if this agreement invalidates those rights. Any help you can provide is much appreciated!!
2 Answers from Attorneys
Re: Signed Agreement
The land lord has to get a warrant of eviction from housing court to enforce the agreement and that could take months.
you should have a lawyer so the landlord does not try self help
Re: Signed Agreement
Despite the agreement you signed, without you leaving voluntarily, the landlord must initiate proceedings in Housing Court and obtain a judgment and warrant of eviction before you can legally be evicted. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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