Been living in apartment w/ boyfriend for 3 yrs, broke up with him, and now he wants me out in 2 months. Can he legally do that?
2 attorney answers
Dear Manhattan Resident:
Until the tenant figures out that he is powerless to make you move out simply because he wants you to do so, stay in place and secure your legal counsel to make it as difficult as possible.
Technically, your legal status is described as an "occupant" or as a "roommate." That protected status requires that the tenant follow certain legal procedures before setting up and starting an eviction proceeding. If you paid rent (that will be among the defenses you raise if the tenant does not give proper legal notice) and you lived in the apartment more than 2 years (you say at least 3 years) you are entitled to a minimum 90 days notice before ending your occupancy rights. That notice is considered a form of legal process. Service on you is made in a manner authorized by a statute. Usually, that will entail hiring a process server.
When you get into Housing Court, a Judge has power to delay an eviction up to one year in certain circumstances, so you surely do not want to get out before you have a chance to take advantage of the protections guaranteed to you by law.
I have forty three years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
Mr. Smollens is 100% correct but personally, I could not imagine you wanting to extend your stay any longer than needed. Maybe if your ex finds out how hard (and expensive) it could be to get you out he'd be willing to offer some financial assistance to make it easier for you to do so.
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