Legal Question in Real Estate Law in New York

eviction
My husband and I have been living in a Brooklyn Loft for 7 yrs. We have payed rent on time every month. Our lease ran up in August 2002. We were put on month to month. Our landlord just sold the building and yesterday the new landlord put up a 30 day eviction notice on our door. It's winter, we have nowhere to go and we are scared. The last two nights at 11 pm there has been someone pounding at our door. They said nothing and we did not answer. What are our rights?

Asked on 11/02/02, 11:40 pm

3 Answers from Attorneys

Lisa Breier Urban Breier Deutschmeister Urban & Fromme

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Re: eviction

You should make sure that the building is not an interim multiple dwelling. You can check with the City Multiple Dwelling Office. If it is, then you may have some other statutory rights. In terms of being a month to month tenant, the landlord cannot just evict you and change the locks at the end of the month. He has to serve you with a petition that will have a court date. On the Court date, you can negotiate for additional time to vacate. The Court has discretion to give you up to six months if you pay the fair value use and occupancy. In the meantime, the landlord cannot harass you. If someone is pounding on the door at 11:00 at night, call the police.

Answered on 11/04/02, 11:04 am

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Walter LeVine Walter D. LeVine, Esq.

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Re: eviction

Unless the new landlord is seeking to have a family member move into your apartment, you have the right to require that he start a suit to evict you and you have the right to obtain additional time to relocate (providing you continue to pay your rent and other charges). In most instances the court will grant you 3-6 months to find another location. The landlord is not legally allowed to harrass you to get you to move. If the knocking continues, call the police and register a complaint.

Answered on 11/04/02, 4:51 pm

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