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If I was told I need to be out of my flat by sept. 1st and now i'm told I need to be out byaug.9th do I have any legal standing.

Bronx, NY |

I've lived in house for 9.5 years. payed rent and now house is for sale and buyer wants to get to my flat as there are violations in house. 1bdrm. basement apt. Buyer told me she wanted me to stay back when she made the offer and it was accepted. Now 2 weeks ago I was told I need to move out....I have no place to go, i'm looking and I feel stressed and am wondering if I have any leg to stand on. The landlady asked me if I could beout by sept 1st. I said yes, and now she says she had no right to tell me that, so she wants her name kept silent in all of this. Now she and her husband are divorcing at 80,and the kids have the POA.So they are rushing me because of the buyer wanting to get in to do violations, She will take out my bath and open walls Do I have any sort of recourse their way

Attorney Answers 3


  1. You have the right to retain an attorney to represent you. If it is not rent stabilized, then your right to stay is limited.. You can get time to move and or work out a buy out to move early. If they wish to evict you, then they would need to start a proceeding in landlord tenant court.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. Only a court can order an eviction and only a sheriff or marshall can physically escort you out of the apartment. The Landlord is required to give you proper notice pursuant to very strict laws and if you do not voluntarily vacate by the notice date then the landlord can commence an action to evict you. It all takes a minimum of 2 to 3 months. You have the right to hire an attorney who can work out a settlement for you, possibly get you a buy out, or simply extend the time in which you have to vacate the premises. I would suggest you consult with an attorney

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  3. Dear Bronx Tenant:

    The violation in the basement, and the desire to remove the bath, may be related to an inspection that disclosed the apartment in the basement, and the apartment was not on the certificate of occupancy. If the apartment is not on the certificate of occupancy, the City considers that the apartment is "illegal" as a result of an "unlawful" conversion. If in fact the apartment is not legal to rent as a residence, you paid rent for nearly a decade to an owner who had no right to rent the basement apartment to you or to anyone. The new owner likely needs to remove the basement apartment, and hence the mad dash now to induce you to leave,

    So you really want to hire a lawyer to stand in their way and to try to get back some of the rent money you paid over the years, if in fact, your basement apartment is not legal.

    As already pointed out to you, oral requests to move are not sufficient. A landlord may try to end a month to month tenancy by proper service on the tenant of a written thirty day notice of termination of tenancy. If this has not happened, then you have just picked up two months of right to remain in your home. A proper termination of tenancy notice served on you in August can act to end your month to month tenancy on September 30 ( not a day earlier and not a day later)

    Take the time to read about the process in the Housing Court and the right a tenant has to proper legal notices and to defend the tenancy in court. Look up the information for your building at the the NYC DOB and NYC HPD webs ites.

    http://courts.state.ny.us/COURTS/nyc/housing/factsheets.shtml

    http://www.nyc.gov/html/dob/html/home/home.shtml

    http://www.nyc.gov/html/hpd/html/home/home.shtml

    Hire an attorney.

    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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