Legal Question in Real Estate Law in New York
Legal way to evict a tenant.
I rent month to month in a house. My land lord sent me a certified letter asking me to leave with in 30days. Is this all he has to do? Do I have to be out in that 30 days? He stated on Aug 1st he is going to change the locks and that I have no choice but to have my stuff out. I dont know what my legal rights are here. Thank You
3 Answers from Attorneys
Re: Legal way to evict a tenant.
In most cases he absolutely cannot change the locks without filing a petition against you in court, �..however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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STEVEN J. CZIK
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Re: Legal way to evict a tenant.
What did you agree to?
Re: Legal way to evict a tenant.
1. Your landlord only needs to give you 30 days notice. This 30 days must be the full 30 days of your rent cycle. For example, if your mo/mo starts on the 1st, he would had to have given you 30 days notice ON/PRIOR to June 30 in order for the 30 day cycle to end July 31. If he gave you notice later than that you have all of July and all of August to vacate.
2. Your landlord may NOT change the locks on you if you have not vacated by Aug.1st. Nor remove your belongings, turn off electricity, etc. (That would be a "wrongful eviction" subject to treble damages).If you do not vacate, he must bring a Hold Over proceeding in court and have you evicted. If you can't find a new apt or have special circumstances (children/ill, etc) the judge may give you some time to vacate.
Debra Palazzo
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