In Nov. 2017, we received a notice to end the tenancy by Dec. 31, 2017. As of Jan. 26th,2018, we have not received housing court papers yet. How long does the landlord have to file with the court after our 30 day notice to end the tenancy expired on Dec. 31, 2017?
Dear Rhinebeck Tenant
You are in one of those gaps in set law allowed by the legislature. The statutes cover how to end the monthly tenancy and how to start the lawsuit but do not say when the landlord must commence the case or when the gap between the tenancy end and lawsuit start is improper.
Instead our legislature allows for gamesmanship by the tenant to trick a new tenancy into existence by paying rent for a period after the tenancy ends but before the landlord serves papers. Likewise the legislature does not fret about the fear facing the tenant waiting for the sword to come down.
So we leave this hole in our statutes for judges to figure out one case at a time. Right now a judge may not decide the landlord waited too long. If you sneak in a rent check and the landlord deposits the check then if you're sued you'll have a defense the landlord created a new tenancy.
If you live like this for three months before the landlord sues you would raise a defense the termination notice became stale.
There is case law that figured out when the wait is too long but it is still up to a judge to decide if you made the delay a winning argument.
I have forty 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.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline