I am a month to month with only a verbal contract, have been in my apartment for over 3 years. Landlord is old and sick so son's decide to sell the building, we have experienced several open houses, the first was a surprise with no proper notice and was held at 7pm, others where held with notification however we had people standing on our furniture, completely evading our privacy and now they have informed me of a potential buyer and is to go into contract sometime next week. One son expressed to me that my family and I will be given a written notice to vacate (as per my request) with the expected vacated date, however they are still expecting use to pay rent, is that legal?
Yes, the landlord may accept rent for the period before the effective date of the termination. However, if the landlord accepts rent for the period following the termination of the notice, such would vitiate the notice that was served and the landlord would be required to start all over with serving a new 30 Day Notice.
Dear Brooklyn Tenant:
A NYC month to month tenant is entitled to a thirty day written tenancy termination notice.
Look up NYC tenancy termination notice month to month.
There is a statutory precise method allowed for serving the notice on the tenant.
It makes no difference that the building is in contract or the owner is old.
If you don't move after proper notice the landlord must go to court.
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.
Yes, the landlord is entitled to rent for the entire time you are in occupancy. The landlord is entitled to rent even for the period AFTER the notice if you are still there. However, if the landlord accepts it in that period but before Court, the landlord will have to serve you with a fresh notice. However, even having rejected rent, once the case is in court, the court will most likely compel you to pay the rent--which will, at that time be called "use and occupancy" for technical reasons not worth going in to here.
They are required to give you 30 days notice on a month to month rental unless your verbal agreement requires other notice. You are required to pay for the time that you are living there.
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