Legal Question in Wills and Trusts in New York

Although you didn't sign anything, the e-mail and verbal notice was sufficient to consider the lease broken. Also, if you agreed by e-mail that the lease would terminate on the move-out date, the best thing you could have done was notify the landlord that you were staying. Obviously, you didn't notify the landlord that you changed your mind. Therefore, the agreed upon move out date remained, and you lost any right to be on the property.

NEW YORK OFFICE

1225 Franklin Avenue

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Garden City, NY 11530

OK. Let's clear up some misconceptions.

First, under New York law you may have an oral lease agreement. Essentially, this is a month to month agreement.

Second, a month to month agreement may end upon service of a 30 day (month) notice. In the City of New York the notice must be served on the tenant in the same manner as a summons. Outside the City of New York, the notice may be given orally or in writing (it is usually in writing).

Third, a "cop" does not evict. For the Sheriff or Marshal to evict a tenant, the landlord must first go to court and obtain a Judgment of Possession and Warrant of Eviction. The Sheriff may evict only upon receipt of a Warrant signed by a judge having jurisdiction over the tenant.

Finally, to answer your question, even if you agreed through e-mails, the landlord would still have to go to court to obtain a warrant to have you evicted.

Mike.