Legal Question in Real Estate Law in New York
Can I be given 30 days notice?
I have a rental lease agreement expiring Dec. 1st. My landlord had an attorney send a letter that I had to vacate premises in 30 days due to sale of house. In my lease agreement it says no such thing if house is sold. I am a single working mother with two girls 11 and 12. I feel I am being threatened and harassed. What are my rights? What can I do stop landlord from pressuring me? Thank You!
3 Answers from Attorneys
Re: Can I be given 30 days notice?
It sounds as though you are right and your
landlord is wrong. The lease should take
precedence over the notice, regardless of
sale, with the new owner taking title subject
to the terms of the lease. I would drop
a note to the landlord reminding him of
this rule of law. But I would not expect
that the lease would be renewed.
Re: Can I be given 30 days notice?
Presuming that you have a written lease, the landlord must abide by it. Are you sure that the Lease doesn't have a termination clause? If you have further questions, call me at 516-780-0270.
Re: Can I be given 30 days notice?
A landlord can issue a 30 day notice to quit ONLY if there is no written lease, otherwise there can only be an eviction for cause, i.e. nonpayment of rent, etc., in which case a 3 day notice is required and then a Petition and Notice of Petition must be served on the tenant with reasons for the eviction requiring the tenant to appear in Court or lose by default. If your rent is paid up and you have not caused any breach of the Lease, you have every right to stay until the expiration of your Lease term.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
