Legal Question in Real Estate Law in New York
Tenant Rights
the private house that i live in was sold, the new owner wants us out by June 21,can he just throw us out like that? shouldn't we be served with some type of legal papers? when and if these papers are received..what is our next step? how long after this do we have to before we vacate the premises, i also understand that he should also pay for us to move, is this true?
Your help is appreciated.
4 Answers from Attorneys
Re: Tenant Rights
What are the terms of your lease, if any. They control your rights. If you do not have a lease and the property is going to be occupied by the new owner, 30 day notice is all that is required. If you do not vacate, an eviction action must be brought and you can contest it based upon arguing hardship and the time needed to find a replacement location. The Court may give you up to 6 months to relocate, but eventually you will have to move. If you have a lease, it need not be renewed. The landlord/owner does not have to pay for your moving unless the lease states otherwise.
Re: Tenant Rights
you do not have to move. do you have a lease? I can probably get a court to give you 6 months to stay there also the landlord does not have to pay for moving expenses Call me at 516 466 LAWS to discuss or email me
Re: Tenant Rights
This one is hard to cover within the 3000-character limit, but I'll try. Most likely you are a month-to-month tenant. (If you have an annual lease, the lease governs; just because the property was sold does not give the new landlord the right to terminate the lease (unless the lease says that it does.) Also, if your agreement with the old landlord did not state a definite ending date for your term, then your term is deemed to run through October 1. But if you are a month-to-month tenant, the landlord has to give you thirty days notice before the end of the term. Assuming that you are supposed to pay rent on the first of each month, this means that your lease is up May 31 (but he can't give notice 30 days before May 31, now can he?). He COULD terminate you as of June 30, but he's ignorant and he won't catch on until June 21, when you invite him to get lost. (Even though it's illegal, the Landlord might lock you out anyway, so don't leave home without The Card or a reasonable substitute.) So he would then give a new notice, effective July 31, and commence an eviction proceeding on August 1, which would probably result in a hearing date on or about August 20. You could secure a brief adjournment by pleading that you have to hire an attorney, but in all likelihood, you'll be evicted shortly after Labor Day.
This all assumes that you don't have a real defense to the eviction proceeding. You can probably find a neighborhood lawyer to talk to on the cheap to get real, concrete advice about whether you have a defense and whether there are any other angles that are worth playing, and you would be well advised to do so.
Re: Tenant Rights
An old lease is trasnferred for its term to the new landlord.
Without a lease, he must serve you with a 30 day notice (because you have a month-to-month tenancy)and if you have not left by then, Court prroceedings follow.
No one has to pay you to move from from a place which you have no legal right to be in.
Good Luck,
RRG