Legal Question in Real Estate Law in New York

Am I really evicted?

A new landlord purchased the building which I rent an apartment in three months ago. I did not sign a contract with the new landlord. The contract with the previous owner was valid through August 18, 2000. The new owner turned the rest of the building into a scrap yard. I was 7 days late in paying my rent. Three days after recieving the late rent I recieved an eviction notice, which I was to vacate the premises within 30 days. I did nothing to break the contract besides being late with the rent. Is this legal. Also I planned on moving 5 days after the eviction date, is there anyway to stay the 5 days?


Asked on 7/05/00, 6:04 pm

2 Answers from Attorneys
Philip Schnabel Schnabel Law Office

Re: Am I really evicted?

Since you have no current lease you are a "holdover tenant" and you have received a 30 day notice, as required by law to remove yourself from the premises or FACE EVICTION. You cannot be evicted until a petition is filed in Court and you are served with same, which requires you to appear in Court on the specified dateor lose by default. Until you are served with a petition and the Court issues a warrant of eviction, you are entitled to remain in the premises.

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Answered on 9/11/00, 9:47 pm
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Am I really evicted?

Only a sheriff or marshal can evict in NYC. The usual process is a written demand, either the expiration of a lease or some formal notice, followed by Court papers with an opportunity to appear and defend. Only after the second notice can a Court grant judgment and direct issuance of sheriff/marshal instructions (a warrant), the Sheriff or marshal also has to serve an additional notice before you can be put out and possession returned to the Landlord.

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Answered on 9/07/00, 5:16 pm


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