New York  |  Landlord & Tenant Law

question bubble
11/17/09, 3:44 pm

Legal Question


Our landlady has asked us to move out with a note labeling us as guests that she has accommodated.

We have paid rent every month for almost 6 years, and although we have paid in cash many times, we do have cashed checks and emails of her telling us that she was raising the rent. She has given us till December 15th to move out, although she has recently told us that if we're actively looking that she would be lenient.

Keep in mind that this woman is a lawyer and the way she worded the letter was as such: "Dear Michael and Ronnie, I can no longer accomodate (she spelled it wrong) you as guests in my home. Jim and I need the space my December 15, 2009. Thanks, Arlene"

Thank you for your time.


question bubble
11/22/09, 3:55 pm

Legal Answer


Under the law you are deemed as tenants since you are paying rent. It does not matter how the landlord words the notice.

As a tenant without a lease, you are entitled to 30 days notice. Courts have interpreted the 30 days notice to mean 1 calendar month. Therefore, if the landlord gives notice today, the earliest you would be out is December 31.

Finally, a landlord may not evict without a judgment of possession and warrant of eviction issued by the court.

Mike.

Michael Markowitz

Michael A. Markowitz, PC 1553 Broadway Hewlett, NY 11557

Other answers from this attorney
question bubble
11/23/09, 12:47 pm

Legal Answer


Mr. Markowitz is correct. She has not issued proper notice as is required by law and when she does you will still have at least one full month before she can initiate summary proceedings and sue you in Housing Court to have you evicted. You have rights, tenant rights and you cannot be evicted without her going through all the proper channels. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

101 Avenue of the Americas, 15th Floor

New York, New York 10013

212.413.4462

czik@ovedlaw.com

The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

Steven Czik

CZIK LAW PLLC 401 Greenwich Street New York, NY 10013

Other answers from this attorney
Search Past Answers:
  Advanced Search