Legal Question in Landlord & Tenant Law in New York

tenants rights to avoid eviction

I have been out of work for 10 months. my landlord was understanding however when she did not receive rent as promised she said i will give you until the end of the year to pay....which i am waiting on a settlment check. when i pay her and she accepts monies due plus two months in advanced does she have the right to ask me to leave or refuse me another lease. also if she accepts and decides, afterwards she wants to apartment back, how many days would the court give me to vacate?


Asked on 11/02/05, 9:41 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: tenants rights to avoid eviction

Don't you think she has been beyond reasonably understanding to date? Just because you aren't paying her doesn't mean her expenses, her bills, utilities and mortgage cease. She could have evicted you long ago. It's a blessing for you that she hasn't, she has no legal obligations to you when your lease expires.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 11/03/05, 12:39 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: tenants rights to avoid eviction

When she accepts the back rent, then the lease continues. But she may choose not to renew when it expires.

There are a number of organizations that would be happy to assist you in a one-time catch-up on back rent. You could make, for example, a Jiggetts Application.

You are welcome to discuss this further (and get more suggestions) for no fee.

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Answered on 11/03/05, 2:09 pm


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