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Can my landlord kick me out?

Brooklyn, NY |

The LL told us to move out in April which is two months before the lease expired which was on july 31. In august we found an apartment and left a deposit but there was a problem so we still can't move into our new apartment. We asked the guy if we could stay a little longer but he says no and starts screaming and offending us. We have never failed to pay rent and he wants the apartment for his daughter whom we rent a room to. He said if we want to stay we have to pay him 2,500 which is 800 more than our original rent. he also says we dont have the right to ask the daughter for her part of the rent and that he can do what ever he wants. He said if we dont want to pay that than we cant take our stuff to the street. What do I tell him tomorrow because that is when i have to leave.

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Attorney answers 2


If the landlord accepted any rent from you for the period after your lease ended, you are now a month-to-month tenant. Your landlord cannot just throw you out. He will have to send you a 30 day notice of termination. That notice must state that your tenancy ends as of the last day of a month, at least 30 days after you receive a copy of the notice. If the landlord served you a termination notice today it would have to terminate your tenancy on October 31 because there are less than 30 days before the end of the current month.

If you did not move out after the termination date, the landlord would have to start a case against you, called a holdover proceeding, to recover possession of the apartment.

Since your landlord allowed you to sublet part of the apartment o his daughter as one of the terms and conditions of your original tenancy, that right carries over into the month-to-month tenancy. Your landlord cannot now come and claim you are not permitted to sublet or charge his daughter. You are entitled to charge her $800.00 for the current month.

Your landlord, however, can increase the rent. If your apartment is not rent stabilized there is no restriction on the amount of any increase. If your landlord sued you for the rent, a court might or might not find that he is entitled to the increase.

The above constitutes general information only and should not be considered legal advice.


If your lease ended in July you are a holdover and your landlord can evict you by following the legal procedure. He can't just throw you out.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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