Ive lived in my home for 2 1/2 years and in October, my house was sold to a new landlord. After my 2nd year was up, I signed a month to month lease with my old landlord. The new landlord had me sign a new lease with the same conditions. I informed him the DAY I signed the lease that my rent is paid through gov't aassistance and that all he had to do was turn in paperwork to become a vendor to receive rent. He did so but he did incorrectly and has since refused to change his paperwork to receive the rent. He gave me a 30 day notice on 11/10/14 and said I have to be gone by 12/10/14. But I KNOW that since rent is due on the first that it would mean id have until 1/1/15 NOT 12/10/14. If he tried to make me leave on the 10th, wouldnt that be illegal? And would me staying mean a hold over?
The answer is when the judge says you have to leave. After the 30 day notice, he would have to commence a hold over proceeding. The judge may take this as a retaliatory eviction, and if you have a section 8 lease, he might not be able to evict at all. I would immediately find a landlord/tenant attorney in your area! This is one time you do not want to be cheap and whine over legal fees. A good attorney can keep you in your apartment, no attorney and you could be evicted.
Dear Niagara Falls Tenant:
If the landlord chose to make a defective termination notice that offers you a significant defense in a holdover proceeding based on that notice. The landlord has the legal burden to prove in court that the tenant is a "holdover" in the rented premises after the landlord properly terminated the tenancy.
You must assert the defense based on the "short" notice in a written answer when the landlord starts the holdover proceeding. Perhaps your Legal Aid attorney will be able to prevent the landlord from going forward with a defective termination notice. You had nearly one month to line up a lawyer so you should not delay longer.
The essence of the defense rests within the statute allowing a New York landlord to "terminate" a month to month tenancy with a one month notice. The ordinary rental month runs as you noted based on your lease from the first day of the month through the last day of the month. All your landlord had to do to have a "better" termination notice was select December 31 as the termination date. The landlord cannot on his own make you leave on the termination date whether the date is the right date for ending the tenancy or not. The termination notice must be followed up with a summary holdover proceeding.
You may have additional rights available to defend your tenancy based on the section 8 program rules. So see an attorney now.
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.
By law the Landlord has to give you a 30 day notice in this circumstance. The day on the Notice is NOT the day you vacate. The Landlord after the 30 day notice can must bring an action in court to evict you. Only after a Warrant of Eviction has been issued by the Court, then it becomes imperative that you should get prepared to move out. A sheriff will still need to come and have you evicted.
For this or any other questions, please contact us at [email protected] or 718-261-0210. The author of this posting is licensed to practice law in the State of New York. This posting is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.
You will have 30 days to move out before you will be evicted. You will not have to be out on the 30th day, but by the next day you should have everything moved out of the dwelling. If you do not have everything moved out, then you may be evicted or charged penalty fees.
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