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We were sent a 30 day notice by LL (private unregulated home),questions if and when effective date?

Astoria, NY |

We were sent a 30 day notice by LL (private unregulated home),no lease just paper stating new rent and 30 day notice.

- When is the effective date of the notice? It arrived last week (so after June 1). End of june or July?
- It was not served just sent by regular mail. Is it void?
- Can a holdover case still be brought to court even if NOT served properly?

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Attorney answers 1

Posted

Dear Astoria Tenant:

It is not unheard that a landlord will commence a holdover proceeding even if the termination notice is defective or served improperly and take the chance in the Housing Court to strike a deal in the lawsuit, or the tenant will not assert a proper challenge to the notice and or to the service.

Even then, a landlord and attorney know, if the tenant sinks money into an attorney to defend a month to month tenancy, the tenant will know from their own attorney that making a deal and moving out with terms, makes more sense than spending time and money in Housing Court and winning, and still not dealing with the reality of the fact a landlord with a month to month tenant will eventually succeed.

Hiring an attorney now allows the tenant to deal with the landlord and attorney before a court case and so they may make a settlement (even if the notice is bad or served wrong) to avoid the filing of a lawsuit and the consequent Housing Court data base of cases and the so-called tenant blacklist.

Read about the blacklist at:

http://www.nydailynews.com/new-york/uptown/blacklist-relegates-harlem-tenant-doghouse-article-1.1786784

http://www.nysba.org/tenantscreening/

By the way, the notice should state the precise date the tenant must leave and vacate the home. The notice will say June 30 or July 31. You do not need to guess the effective date. If the landlord has an attorney that will allow your attorney a greater chance to negotiate a resolution of the end of the tenancy without a court case and without risk of the blacklist. You have a problem with a landlord without an attorney who may not care about a defective notice and improper service. If that is so, and your old lease allowed for attorney fees in a L&T case, and your landlord goes to court without an attorney, then your lawyer may use the legal fee liability as leverage to negotiate a settlement and expungement of the case from the date base to avoid the black list.

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.

Steven Warren Smollens

Steven Warren Smollens

Posted

Also the termination notice is "defective" if you are presented with a termination of tenancy in the same notice where the landlord offers a new tenancy with a new rent.

Asker

Posted

It states June 30, but is it effective? I mean it could state June 15 and it would be not effective as well. Thank you!

Steven Warren Smollens

Steven Warren Smollens

Posted

OK. I do not understand what you mean by "is it effective?" Your question was to the point of starting a lawsuit based upon a defective notice and I suggested that is something to consider as it happens quite often because anything may happen when you get to court. The landlord or attorney may not care whether the notice is proper or not proper (as I pointed out a notice is also not legally sufficient when it combines a get out of the house date and a new rent for a new monthly period) since the notice even if deficient gets the landlord into court with a chance to have a judge make the tenant move or gets the landlord into court with a chance to make a deal with the tenant. I suggested you see an attorney.

Asker

Posted

How much would you typically charge just to assess this situation and the possible solutions, once a holdover case would be brought to the court. Seems like now there is obviously nothing to do other than not telling the landlord that he needs to serve the notice.We want to move regardless just need an extra month and of course do not want it to show up in any records.

Steven Warren Smollens

Steven Warren Smollens

Posted

OK. An AVVO responding attorney cannot accept a direct solicitation You may always contact an attorney directly from the Attorney AVVO profile. I believe I suggested you engage an attorney now, not when the lawsuit starts, if you hope to make a deal and avoid the negative inference from a listing in the court's data base.

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