Legal Question in Real Estate Law in New York

Month to Monthy Tenancy

Does my old landlord have the right to take me to court for the following situation: My landlord worked out an oral agreement with an occupant of my apartment allowing him to stay on after the lease had expired. He gave him a vacany lease application. While waiting for the application to be processed, the lease expired, and I left the apartment. I had given notice that I was not resigning a month earlier. The problem is, the occupant was not on the lease, but I was. He was subsequently denied a lease of his own, and after 4 months of eviction proceedings, he left the apartment. Now the landlord is suing me for the rent for the time after my lease expired, saying that in effect I had a month to month tenancy because I didn't turn over the apartment to him empty. What are my rights in this case?


Asked on 11/20/01, 3:44 pm

1 Answer from Attorneys
Savyon Grant Law Office of Savy Grant

Re: Month to Monthy Tenancy

Did you give him your notice in writing? If the notice was in writing & the lease expired you have a good defense in landlord tenant court. It may be a problem if your notice was oral. You need to have a lawyer review your lease agreement as to the terms & conditions of the agreement.

I handle these matters regularly. If you would be interested in further discussing this case, I can be reached at 201-646-9600.

Have a Happy Thanksgiving.

All the best,

Savy Grant

Attorney at Law

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Answered on 11/20/01, 8:49 pm


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