Legal Question in Real Estate Law in New York
Pregnant and asked to leave!
We have lived above our landlords for four (4) years. Last week they called us down and gave us 30 days (not written) notice that we need to leave because they have relatives who need to stay while a house is being buildt. We are in the process of applying for a new apartment and hopefully everything will go through. While apartment hunting another landlord told us that 'legally' they can't evict us until 3 months after the baby is born (I'm pregnant - we were going to tell them until they gave us this evil news) A couple of questions:
1. Is there such a law and where can I find it (haven't found it on the web)
2. If they really don't have family comming in and lied is there any action we can take.
3. If we move early are they legally obligated to pro-rate the rent and return the rest of the rent from this month.
Quite frankly I'm so disgusted as faulty wiring caused us to loose a whole mess of sentimental items in a fire about 2yrs ago - and there was never any offer to repalce anything. We are good tennants - no noise, no visitors and keep to ourselves.
Any assistance would be greatly appreciated.
2 Answers from Attorneys
Re: Pregnant and asked to leave!
It depends on what kind of tenancy you have. If you have a lease, the lease will dictate what type of notice you must be given by the landlord. If you are a month-to-month tenant, the landlord must give you 30 days notice. I am not familiar with any preferential treatment afforded pregnant women in housing, but there may be some law in your locality about this.
They do not have to prorate the rent, unfortunately. It may be too late to get any satisfaction for your items lost in the fire as well. If it was a result of faulty wiring, they should have paid for your damages, but their insurance most likely has a timely reporting requirement.
If they do not have family moving in upstairs, and this reason was pretext for asking you to leave, unfortunately, there is nothing you can do about that either. If you have a month to month tenancy, the landlord can terminate it on 30 days notice without reason.
I wish I had better new for you. Good luck on your house hunt.
Re: Pregnant and asked to leave!
As the prior response indicates, a oral rental agreement can be terminated on 30 day notice (different rules apply for a written agreement). If this is an NYC property, that notice must be written and delivered under precise service rules. Once the Notice period expires, you must be served with papers to appear on at least 5 days notice. Once again, the rules for serving papers are strictly reviewed. As to your pregnancy, the NYC Marshals are required to notify Protective Services for Adults when an infant under 2 months is subject to eviction. This will not prevent an eviction, but will often delay same while the agency makes sure you have a place to go. Your fire claim is separate and "sentimental" items are hard to value. That plus the claim delay make it a tough one to pursue. Even if the verbal demand is good and a proceeding is properly commenced and a judgment given, all eviction proceedings give the Judge discretion to stay your eviction for some period. If I can help further, call me at 516-780-0270.
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