Legal Question in Landlord & Tenant Law in New York

No Lease - can i be sued?
I never signed a new renewal lease about 6 months ago. In the process of deciding to move, i was served papers that my landlord is trying to evict me and sue for the past 6 months. The eviction part i am not concerned with as i am leaving anyway. Can i be sued for the past 6 months rent even though we never signed a contract and she never contacted us once asking if we were still staying there, why we were not paying etc???

Asked on 1/04/07, 2:57 pm

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: No Lease - can i be sued?

This is a technical question more than an issue of substantive law.

1. You have a lease agreement and are required to pay rent under that agreement.

In NYC, after your lease terminates, your agreement to pay rent continues as a 'month to month' lease requiring 30 days notice for termination.

2. The landlord may not sue you for both eviction AND back rent in the same document. This can be defeated.

Answered on 1/04/07, 3:15 pm

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