Q: Landlord tenant issue - selling property
I have been living in my apt for 5 years 2 month. 1st year I had a lease then month-to-month (I guess)
Then mid Oct I recieved a call there needs to be a home inspection. OK porential buyers want to keep me. SO far so good
Fast forward, Nov 22, landlord calls me, you must be out by Feb or the deal wont go through. I just signed the paperwork and the new buyers want the building vacant
What can I do?
A:
If the premises is not rent-regulated and you don't have the protection of a current lease, the landlord can request that you move upon 90 day written notice. In the event that you don't vacate by the expiration of the notice period, the landlord would have to next commence a holdover case in Housing Court to seek a judgment of eviction against you. Even after obtaining a judgment, the Court can grant a tenant up to a year to find another apartment before allowing an eviction to occur.
There are strict rules for how the 90 day written notice and papers commencing the holdover case must be prepared and served as well as other potential defenses. Therefore, many tenants retain experienced counsel to negotiate with their landlords for a possible settlement that can include financial incentives to vacate voluntarily within a specified time frame.
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