Legal Question in Real Estate Law in New York
no lease agreements
I'm living with an ex girlfriend. I want her out of the house. My friend owns the house and he lives next door. We do pay rent and she pays by check. My question is if theres no lease agreement and only word of mouth can she drag this into court or can the landlord tell her to leave immediatly. She says this will go to court and her lawyer claims her checks that she wrote rent on in the description part of the check. But cant that be false because just because u cut a check at walmart and u write kmart on there instead who would know....can we get rid of her without a problem? thanks so much
2 Answers from Attorneys
Re: no lease agreements
Where there is no formal lease, it should be considered a month-to-month least. At least 30-days notice is required to terminate this type of lease.
Re: no lease agreements
There are NO QUICK FIXES.
You and your "landlord" cannot engage in any form of "self-help" to rid yourself of your problem Ex. Nor should you APPEAR to engage in "collusion" with your landlord, or "bad faith" conduct, without risking severe consequences.
Possible consequences include, but are not limited to, Civil & Criminal Court charges, resultant loss of time, money, property, employment, and so forth.
Thus, Your "Landlord" should file a Court Petition to Evict BOTH of you, from your "month to month" tenancy," and follow the process through to conclusion and Sheriff Execution of a "WARRANT OF EVICTION," against BOTH you and your EX.
A Warrant of Eviction does not prevent a Landlord from re-letting premises to a person evicted" or to anyone else after Eviction.
Good luck,
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