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How much time can you get when evicted through no fault of your own and have a child. New buyer.

Albany, NY |

My girlfriend and myself live with an elementary school age child. The landlord is selling. According to realtor the new buyer will likely want to redo the place since it is old and force the current tenants out. We do not have the money for security deposit and moving expenses. How much time might we be able to get under the circumstances? Security deposits and moving costs are outside our realm at the moment so we can use all the time we can get.

I've heard stories of bad tenants being able to stretch things out. We have been good tenants. I would appreciate any advice. I realize that my financial situation would not appeal to lawyers just looking to make a buck, but we have a child and any kindhearted person with legal knowledge who could give us any useful info would be appreciated.

Attorney Answers 2


Dear the landlord is selling?

You have to be aware that no one, the old landlord or the new owner, may simply make you leave. You cannot be made to move but for a judge deciding a special proceeding, known as a summary holdover proceeding, in favor of the owner. From start ( meaning from the first overt act designed to bring to your attention that you should begin thinking of moving), the landlord or owner must initially terminate your monthly tenancy, by means of a properly written and properly served termination of tenancy notice (New York Real Property Law section 232-b); and that notice is a one month (not thirty days) notice " least one month before the expiration of
the term of his election to terminate..."

In your situation, if the owner delays until November 2 to serve the notice, the earliest proper date for termination of your month to month tenancy would be December 31, 2012. After that day, if you have remained in the home, the owner may file and serve a notice of petition and petition in the summary holdover proceeding.

Once in Court, you must convince the judge that you are what you said you are: "... good tenants..." and that you have not taken advantage of the circumstances, and you have been looking for a new place to move to.

The Court has withing in its inherent power the ability to stay enforcement of any judgment or execution of a warrant of eviction, on proper terms ( which ordinarily include continuing to pay the cost of living where you are during any extended period of a stay.

"***For residential premises outside New York City there used to be a similar statute [to RPAPL § 753(1) ] for staying a warrant in a holdover proceeding, but it lost its effect in 1967.   This would at first blush suggest that a stay in that situation is not authorized at all, but it has been held that since the lower courts that entertain summary proceedings outside New York City have by statute the general power to stay their proceedings, this general power is source enough to stay the warrant in a holdover proceeding.   In view of the legislative history, however, the stay should not exceed the period previously allowed by statute, which was four months for residential premises outside New York City. (Siegel, New York Practice, § 580 [Enforcement in Summary Proceedings;  warrant and stay], Third Edition, 1999) (Emphasis added)***"

Read more about your rights as a tenant at:

You may be interested in looking for legal assistance for persons in your situation at the Legal Aid Society for Albany, New York at:

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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The answer given by counsel is right on point and very accurate. The short answer is about four to six months in NYC after the petition is served. In Albany i would think a month or two after you are in court.

Call for a free consultation any time 718-263-6800. We are here to help

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