Rent demand for back rent dropped off. The only problem with this is we made a verbal agreement to pay every month he just took money from us on December 5 November 21. We also have a third party witness whom he spoke with to make agreement. Can we be evicted this way and how long do we have. 30 days a lawyers name is on this paper work. The bank hasn't done the final inspection yet. He told us that the investor has the house, .he is trying get us out , to move forward with the deed in lieu. The house needs to be vacate
If your landlord served your with a rent demand after serving you with a notice of termination, then the notice of termination is invalid and a court should dismiss any holdover brought based on that notice. In the event that the landlord starts a holdover proceeding to evict you after the 30th day on your termination notice you can raise the rent demand and payment of rent as defenses. You are best served by consulting an attorney to sort out the notices and determine whether any of them are proper. If, in fact, the landlord is surrendering the deed to the bank, it might be in your best interest to retain a lawyer to contact the bank directly and negotiate a buyout for you. You may be able to get the bank to pay your moving expenses and possibly first month's rent and security deposit if they are so interested in obtaining a vacant property.
The above constitutes general information only and should not be considered legal advice.
Dear Rochester Tenant:
You asked the question over the weekend and you learned from the answer that there is no such notice that would force you to vacate by the "old" owner when a new owner has come on board.
If you do not have a lease the new owner is stuck with you as a tenant by operation of state law. This is the law that applies to you: ">>>Tenants in Non-Regulated Units: Tenants residing in units that are not subject to rent control or rent stabilization may retain occupancy either until the end of their lease term or for 90 days after receipt of the notice from the new owner, whichever is greater.>>>" See: http://www.dfs.ny.gov/consumer/tenantrights.htm
The NEW owner must provide the notice to you. The old owner has no way to maintain a legal proceeding for rent or for holding over since the old owner no longer has a superior right to possession over your rights to possession.
I also provided you the link to Rochester Legal Aid. Here it is again: http://www.lasroc.org/
Read this Guide designed for Rochester Tenants at: http://www.thehousingcouncil.org/news/wp-content/uploads/2012/10/13_13_Tenants_Rights.pdf
If for some reason, the OLD owner is still the owner, then your landlord the same as any New York landlord has the unfettered legal right to end a month to month tenancy with a one month notice. A notice made in December will act to end the tenancy as of January 31, 2015. Even so, with a proper termination notice, rent for January is technically due on January 1. A landlord cannot make a New York rent demand after a termination notice without dooming the holdover proceeding. See: http://leagle.com/decision/1984688122Misc2d566_1580.xml/ANSONIA%20ASSOC%20v.%20PEARLSTEIN
In any case, a landlord looking to evict a month to month tenant preserves rights to unpaid rent even when bringing a holdover proceeding, so just suing for unpaid rent makes no sense at all.
Maybe, you should consider seeing a lawyer.
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.
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