My landlord has been letting my family live in her illegally rented basement for the past 7 years. We’ve been paying rent every month and now she’s trying to evict us without the court process. We can’t take us to court but she says she wants us out by tomorrow. She gave us a 30 day notice BEFORE she accepted the money for this months rent. She now wants to give the money back and we move out by tomorrow.
You do not have to voluntarily vacate your apartment. Your landlord must start an eviction action in court against you. If the apartment is illegal, you may be exempt from paying rent. You should meet with an attorney as soon as possible.
Alan J. Goldberg, Esq. is an attorney with over 25 years of experience in defending all types of eviction proceedings. He aggressively defends Non Payment, Holdover and Ejectment eviction proceedings and actions and affirmatively asserts defenses and counterclaims. All answers herein are for general and informational purposes only. The answer to a question is not legal advice and does not establish an attorney-client relationship.
Dear Brooklyn Tenant:
You already know the answer. Your landlord is not "legally" allowed to evict you from your rented basement dwelling even when the basement is not recognized as a legal place to live.
If you just received a thirty day notice [in April 2019 (I gather from a process server; not directly from the landlord)] the earliest legal day for month to month tenancy termination is May 31, 2019. You "legally" have that much time to remain in the illegal basement apartment before the landlord is able to start a formal Housing Court Holdover Summary Proceeding seeking a judge determination you should be evicted from your home.
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.
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