I sublease from an owner of an apt coop. We had a lease the first yr but have been month to month. Weve lived here 2 years 5 months. Landlord texted me he got a letter from the board stating he had to reside in the apt or sell it. He said we have to move by June. We were not made aware of this time limit when we moved in. We have never missed rent and we originally planned to stay long term. What rights do we have to stay? Must we move out by June? Im pregnant and have a 2 yr old so moving expenses cant be afforded and I may be forced to live at a shelter because of this. This residence is in Hamilton Heights, West Harlem.
Landlord / Tenant Lawyer
Dear Coop Renter:
When you live in New York City without a lease, you provide your landlord power over your life. New York only cares that the landlord uses the proper procedure to terminate the month to month tenancy. The landlord is not required to provide a reason for ending the month to month tenancy.
Your landlord may be correct that he is in danger of losing his own lease, but sending a text, is not a legal form of a tenancy termination, and so, just consider that information as a heads up.
The legal notice may still come your way, because New York law only requires a proper thirty day notice to terminate a month to month tenancy.
The Coop Board will likely want proof that the landlord is taking the necessary steps to put you on notice. When his attorney prepares a proper termination notice you should be served with that paper in the same manner as used in the actual summary proceeding.
You have time to gather your thoughts and retain an attorney.
The landlord may serve a proper thirty day notice this month. If he does so, the notice should terminate the tenancy on May 31, 2013. If the landlord wants you to pay the rent for May, then the landlord will wait until next month and serve a termination notice that acts to end the tenancy on June 30, 2013.
After June 30 the landlord would be able to serve the lawsuit (a summary holdover proceeding.)
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You may consider seeking an attorney at Legal Aid Society or Legal Services.
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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