Skip to main content

If an insurance company is condemning a home, do the residents legally have 30 days to collect their belongings and move out?

Oneonta, NY |

The residents are currently tenants that are renting from the homeowner. The home owner claims they have to be out in 2 days or else the owner will not be able to collect any money from the home being condemned.

Attorney Answers 1


No you need at least 30 days notice to quit to terminate month to month tenancy in New York State. This question has already been answered on here:

Now, there may be a wrinkle with this condemnation business, but I'd suspect that only a MUNICIPAL condemnation by a building inspector for an imminent threat to health or safety counts, not some decision by the landlord's insurance carrier not to insure the building, if that's what's going on.

Tell your landlord to give you a valid notice to quit. Look at the cited link above for timing (when in the month it must be done). Get a landlord/tenant lawyer. The landlord cannot evict you by self-help or lock you out. He must get a valid warrant of eviction after bringing a petition for eviction in a local court, of which you will have notice and an opportunity to appear. So, look for a new place, but relax about being kicked to the curb in three days in the middle of the winter.

This answer is provided under the “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".

Mark as helpful

4 lawyers agree

Real estate topics

Recommended articles about Real estate

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics