I live in a 2 floor building and my lease expired a year a go. I didn't renovate the lease but I kept paying my rent monthly. I live here with my husband and son. About a year a go the building was put on for sale. I don't know if the building is sold but, I and the other 2 tenants received a notarized letter that we have to be out of the property by January 31, 2015. I don't have a place or the money for a new place.
The answer to your question depends on a couple of things: 1) the terms of your expired lease; and 2) the basis for the landlord's termination of your tenancy. If you still have a copy of your lease, then you should read the lease to see whether the lease says anything about its terms no longer having any force after the lease expires; generally, if the lease doesn't say otherwise, the lease terms still control, except the tenancy is now month-to-month. If the landlord did sell the property, then the terms of sale may require eviction of the tenants to close, but that doesn't mean you're out of luck.
If you cannot afford to retain an attorney, then you should try either of the links below.
Dear Brooklyn Tenant:
Winter is the "thin ice" season for month to month tenants in NYC. An NYC landlord has the right created by New York State law to choose to end a month to month tenancy with a nothing more complicated than a written thirty day notice informing the tenant that the landlord ended the tenancy and that the tenant must move out by the last day of the next month.
A tenancy termination notice is not notarized. So right there the landlord made up the form of notice and may have made other mistakes as well. The new owner should have announced its presence because that is the only way to have a tenant pay rent to the new owner and to forget about the old owner. If you are still sending rent to the old owner and the termination notice is from the old owner, that may be because the owner's contract of sale requires removal of all tenants in order to sell the building. if that is so that helps you make a deal or make painful the landlord's wait to win (eventually and likely) the ensuing summary holdover proceeding.
If the building was sold but the old owner sent the notice then the notice is not good. If the building has three apartments and separate tenancies, the building is a multiple dwelling and the owner must maintain a current registration with the City. Look up your building information at nyc gov hpd. Follow the instructions for checking out your building. The new owner, if the building sold, must register the new ownership and new registered managing agent within thirty days of the change of title.
Barring issues in the actual text of the written notice and the method employed by the landlord in serving the notice, the tenant is obliged to move out and if the tenant does not do so, the landlord is free to start a summary holdover proceeding. Read about the process for the landlord and the tenant at:
You should become familiar with the Housing Court process at: http://www.nycbar.org/pdf/report/tenantsguide.pdf
Learn about Tenant Defenses at:
A NYC Tenant must have in mind that even if sued that the tenant may make a deal in court to plan a more structured move from the apartment. When left up to the judge to decide the judge may provide up to six more months to move but must make the tenant pay rent during that extended stay. A tenant may make a better arrangement with the landlord or with the landlord's lawyer in court or before the case starts to move out with some dignity and without paying any more rent. The advantage to the landlord is that a quick resolution and certain move out date is a fair exchange for forgiving rent. Once a tenant makes this type of deal the tenant will not have a chance to change her mind.
All NYC tenants must have in mind the Tenant Blacklist. So when settling the case the tenant must make certain to deal with Blacklist implications and prevent the event.
Read more at: http://cwtfhc.org/tenant-blacklists-credit-reports-and-debt-collection/
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.
I agree with the previous answer. It sounds as if your landlord is sending notice that he or she intends your tenancy will end soon. If the notice is proper, enforceable , or within the statutes will depend on many factors. You should gather your information and use the find a lawyer tab above and get some help.
Try Avvo Advisor at instant.avvo.com if you want to speak directly with myself or another attorney right away. Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline