Legal Question in Landlord & Tenant Law in New York

I live in New York City with my fieancee in an apartment that her father owns but does not live in himself. There is no written lease agreement of any kind. Rent is paid via a verbal agreement between my fianc� and her parents. Her father has decided that he no longer likes me and wants me out of the apartment. He has informed me that I have NO legal rights despite the fact that I have lived here for over a year, my mail is delivered here and this address appears on my paychecks from work. My fianc�e does not want me to leave. Her father has given me 13 days to get out. Can he do this?


Asked on 2/03/13, 8:56 am

1 Answer from Attorneys

Steven Czik CZIK LAW PLLC

You absolutely have rights. If the facts are as you list them above you may be a month to month tenant based upon a verbal agreement. At worst you are a licensee with rights vested in the premises. Either way, if you do not choose to vacate the premises voluntarily, the owner/landlord is required to file summary proceedings against you seeking your eviction. The only way you can be evicted is via a court ordered and executed warrant of eviction. We have substantial experience handling these types of cases and very reasonable fees. However, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 2/04/13, 12:00 pm


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