Lindenhurst, NY asked in Estate Planning and Landlord - Tenant for New York

Q: I'm a tenant in NY state. How long does it take to evict a tenant when owner is selling the house (and is family)?

My aunt has recently taken over my grandmother's finances. She has had many issues with my father and is not a nice person. She sent my family and I a letter stating once my grandmother passes, she will have control of the house and we will have 60 days to get out. We have been paying rent for 15 years (which is able to be proved as the rent was paid by check the same day of every month). She also threatened to shut off our cable and internet, as my grandmother doesnt need it anymore and this would shut us down as well. We have no problem taking over the cable and intenet bill, but is it true we would have to leave the premises in 60 days? There is no rental contract, just rent paid, which has been paid every single month

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

A: Unless you are a rent-regulated tenant or have the protection of an unexpired lease, the owner of a property (or the owner's representative) has the ability to commence a holdover proceeding to recover possession of the rental unit after giving the tenant Notice of Termination. In the case of a tenancy of three years or more, the Tenant Protection Act of 2019 increased the required Notice from 30 days to 90 days. If a Court proceeding results, the Court has the discretion to further stay the eviction depending upon the reasons a tenant has not vacated sooner.

Benjamin Z. Katz agrees with this answer

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Yes. If you are not the owner, you have no right to be there. However, it depends under what authority your aunt is acting. If you suspect abuse of a power of attorney, or abuse of your grandmother, call adult protective services.

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