Legal Question in Real Estate Law in New York
tenent laws
I've been living at my current residence for 22 years. My landlord has hired a Management Realty to take care of the building and they gave me a letter on April 2, 2004 saying that we have to move by June 30, 2004. Is this legal? What can I do about this situation?
Thank you.
4 Answers from Attorneys
Re: tenent laws
1. Find out the reason for asking you to move out.
2. Speak with a real estate lawyer.
Re: tenent laws
Do you have a lease? Are you in a rent control/EPTA/rent stabilized bldg? If the answer is no to all of the above, yes this is legal. The landlord does not need a reason BUT you need not vacate on the 30th. They need to evict you first. Experience tells me that you have at the least until the end of August and you will have an opportunity to ask the Judge for even more time.
Good Luck.
Debra
Re: tenent laws
I concur with Debra. If you have a lease, they must honor it. If there are special circumstances, they may be required to honor them. If you had no lease, and were only month-to-month, they need only give you 30 days notice (which it appears they did). You can refuse to leave, make them bring an eviction action against you, and then go to Court to argue your situation. You may also be able to claim hardship by the short notice, and the court can give you additional time before moving, to find a new location.
Re: tenent laws
as an attorney with 25 years of landlord tenant experience I can tell you that a landlord cannot just tell you to leave. your apartment might be rent stabilized in which case you can stay indefinitely. e mail me or call 212 683 8677 to discuss
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