We are on a month to month rental. Landlord attempted to have meeting w/all tennants & they refused. He says he can't afford to lose 2 tennants to our 1 apt. My hip surgery will incapicate me for 3 months. We have never been trouble and these accusations are all lies. We stopped speaking to neighbors last Aug when they were being nasty. What are we to do? My husband can't work, take care of me and move. We did nothing wrong. I am disabled besides my upcoming surgery. This is a 3 apt house. We always thought we had a good repor with landlord. Please help us.
Landlord / Tenant Lawyer
Dear what are we to do?
To start, take a deep breath and do not panic. If the landlord has not served a written termination notice, the landlord has not begun to take any formal steps to having the right to take your home from you. Gather your important legal papers, and if you have an expired lease, plan at some point to visit with an attorney and or be prepared to deal with a litigation the landlord may commence.
You could begin your search for an attorney here:
Your landlord may ask you to leave, but that alone does not entitle the landlord to have you give up your home. Any New York landlord may decide to "terminate" a month to month tenancy, by serving on the tenant a written tenancy termination notice that informs the tenant that the landlord elects to end the tenancy and that the tenant must move out and give back the apartment to the landlord. If you have a standard rent due date month to month tenancy (that is your rent payment date is the first day of the month, the "termination" date for you, if the landlord serves this notice in February 2013 is March 31, 2013. The reason for that date is that the statute requires that the end date of the month to month tenancy be the same as the end date of any monthly term (so if you pay on the first, your monthly term is the first day of the month through the last day of the month; a termination notice for the "wrong" date is insufficient and the court could dismiss the landlord's case.)
And it is not your job to tell the landlord what he must legally do to "terminate" your tenancy. And, you do not need to promise to move. And, you do not need to sign any "surrender" agreement.
If the landlord properly terminates the tenancy, let's say for March 31, 2013, that means the landlord cannot start his possession case until on or after, April 1, 2013. The lawsuit is known as a summary holdover proceeding. The lawsuit is based on the landlord's claim that your month to month tenancy was properly terminate and that you did not move out.
You are allowed to defend your home and challenge the landlord's case. And, if you are resolved to the idea of moving and need more time, judges are allowed to provide additional time to move conditioned on complying with a court order to pay the landlord for the months that you remain until the day that the court has decided you must move out.
You may have additional rights if you are disabled.
Read about your rights as a New York tenant in a landlord and tenant holdover summary proceeding at:
Court forms that may help:
Learn about your rights as a New York tenant at:
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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Real Estate Attorney
the good news is that the 30 days notice does not mean you have to be out in 30 days. As a month to month tenant the landlord has to give you at least 30 days notice to vacate before they can take any action. Only a court can order an eviction and only a sheriff can execute it. If you are paying rent on the 1st of each month the thirty day notice must be given before the 1st. So if they serve the notice on you on 1/28 then the 30 days runs through 2/28. If they serve it 2/2 then it runs through 3/31. Also, if the landlord accepts rent after serving the notice he has automatically extended the term another month. If the notice is property served and after 30 days you are still there, then he can first commence an eviction proceeding in court. This requires service of process and a minimum of 7 to 12 days notice to be in court. You are entitled to one adjournment and then a trial. If after trial a judge determines you should be evicted the landlord first has to obtain a warrant of eviction and then get a sheriff to execute it. This all takes a minimum of 2 to 3 months. Given your condition, it should be a relatively easy thing to delay this for at least another couple of months with the help of an experienced attorney. Consult with an experienced attorney in your jurisdiction and if you are served with evicition papers I am sure the attorney will be able to work out an amicable settlement which will give you sufficient time to recover from your surgery before having to move out.
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