Legal Question in Landlord & Tenant Law in New York

Signed Agreement

I met with the new owner/landlord of my building today who said me and my roommates need to move by January 1. We have been month-to-month tenants; me for 14 months, my roommate for over 2 years. Originally he wanted Dec 1, but I was able to get more time. Also, he wanted to raise our rent for the remaining month, but I said no and he said, ''I'm not going to fight you.'' So, I requested that it be put in writing and we signed an agreement stating the following: ''This is an agreement made on November 08, 2007 between [landlord] for [address] and [tenant] that for December 1 she is to pay $550.00 for rent and as of January 1 she is to have the apartment vacant.''

I realize now I will need much more time to make this happen and that I'm not even going to be in NYC on 1/1. However, upon review of the document, I'm wondering if the January 1 date is legally binding, given that there is no year specified? And I now find out we have squatter's rights, so I'm not sure if this agreement invalidates those rights. Any help you can provide is much appreciated!!

Asked on 11/08/07, 8:17 pm

2 Answers from Attorneys

richard feldman richard d. feldman
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Re: Signed Agreement

The land lord has to get a warrant of eviction from housing court to enforce the agreement and that could take months.

you should have a lawyer so the landlord does not try self help

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Answered on 11/09/07, 8:47 am
Steven Czik CZIK LAW PLLC
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Re: Signed Agreement

Despite the agreement you signed, without you leaving voluntarily, the landlord must initiate proceedings in Housing Court and obtain a judgment and warrant of eviction before you can legally be evicted. This area of law is our specialty, 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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STEVEN J. CZIK, P.C.

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New York, New York 10013

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czik@ovedlaw.com

The information provided by The Law Offices of Steven J. Czik (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.

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Answered on 11/09/07, 12:22 pm

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