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Legal Advice on they are selling my apt housein ny. What are my rights regarding moving. I plan on leaving my July 1.

Brooklyn, NY |

I have been living in this 6 family apt house in Brooklyn Ny for 22 years, am a single parent with a daughter finishing up her degree at kingsborough college. She will be done in June of 2013 and I bought a house in pa for us and our six animals to move into. My landlord has a buyer for the house who wants it empty and is trying to pressure me to move. I explained that there are no apts that will take me, my daughter and the animals and if she can just ask the new buyers to give us until the end of June I will give them something in writing promising to be out. She is now telling me to move everything to pa and find a room to live in. i am so worried. What are my rights? I do not have a lease, and the rent I am paying is agreed upon until December 2012.

Attorney Answers 2


  1. Best answer

    Dear what are my rights?

    First you should read up on your legal rights as a New York tenant at:

    http://www.housingnyc.com/html/resources/attygenguide.html

    Your six unit house may be rent stabilized or may be rent stabilized, and you may have been entitled to an initial lease and lease renewals pursuant to Rent Stabilization. You must check for the legal status of the building. if you should have been treated as Rent Stabilized, but the landlord did not accord you the lease required, you may look to establish your rights as a rent stabilized tenant, force the landlord to provide a written lease, have a determination made about your "legal rent" and inquire if your landlord over charged you during your tenancy.

    Since this is an important issue, and as many excellent attorneys represent tenants in NYC and in Brooklyn, you should seek a consultation and to retain an attorney.

    You should also become familiar with the process in New York City Housing Court. No one can make you move against your will. Every landlord in New York City must deal with the legal process to take away a tenant's home.

    Read more at:
    http://www.nycourts.gov/courts/nyc/housing/pdfs/tenantsguide.pdf

    Even if it turns out that you are not a rent stabilized tenant, a judge in the Housing Court is able to provide up to six months for a tenant to move in certain circumstances.

    So discover your legal rights, hire an attorney and if you are rent stabilized take your landlord to task for cheating you for 22 years.

    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.


  2. Mr. Smollens has provided you with excellent advice. You should consult with a local attorney to get a better understanding of your situation and your rights as a NY tenant as soon as possible. Once you go through your circumstances with a local attorney you will be able to better understand the situation and make an informed decision on how to proceed.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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