Brooklyn, NY asked in Consumer Law, Civil Rights and Landlord - Tenant for New York

Q: Excuse me?

Yes I have been renting out a room from a lady for awhile now and now due to us not getting along she wants to kick me out.. I agreed to it but her terms are too harsh she hasn’t given me time to move out and now she is telling me that she can file a restraining order upon me if I don’t leave today?! So I wanted to know how long or how much time would she have to give to let me leave out her in a correct fashion

2 Lawyer Answers
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: In order to evict a tenant in New York City, a case must be commenced in Housing Court. Before commencing the case, certain predicate notices must be served. If you are a tenant without a written lease in a non-regulated apartment, you should expect to receive a 30 Day Notice before any court papers. Once a judgment of eviction is obtained in Housing Court, the court has the ability to stay the eviction for a maximum of six additional months.

Jonathan David Warner agrees with this answer

Jonathan David Warner
Jonathan David Warner
Answered
  • Albany, NY
  • Licensed in New York

A: Assuming there is no lease agreement, you're entitled to 30 days Notice.

Good luck!

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