Q: How can I respond to my landlord's 30 day to terminate my lease to request more time to move out?
My lease is month to month ending May 31st and I would simply like more time until July 1st . I do not wish to pursue any other legal action against them but simply want more time. Is this something that I should request via a lawyer?
A: In NYC to terminate a month-to-month tenancy a landlord is required to serve a 30 Day Notice. If the tenant does not vacate by the date specified in the Notice, the landlord's next step is to serve a Notice of Petition & Petition commencing a holdover proceeding in Housing Court. Because of the required steps, it is extremely unlikely that a landlord could obtain a warrant necessary to evict before July even if you did nothing. However, you may have defenses to the landlord's efforts to evict you or be able to negotiate a favorable deal for your surrender of the apartment, so speaking with or retaining an attorney to represent you would be useful to protect your rights.
1 user found this answer helpful
A: You will get more time by virtue of the fact they have to sue you after the notice runs to get an eviction. To get more time, you can adjourn the case. I am talking an extra month or so, not more.
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