Ossining, NY asked in Landlord - Tenant for New York

Q: Can the landlord kick me out? In the case the landlord can, how much time do I have to leave?

The landlord has been complaining about noise after 11pm. They live below, but sometimes we may get up at night to use the bathroom. The landlord is threatening up for months about having to leave. We installed foam flooring and a rug to help absorb any possible noise. This is a month to month rental, there's no lease attached. We have been here for 2 years and 8 months. The landlord is difficult to work with but its come to a point where I don't feel safe going to the bathroom because I don't want to wake them up. Ideally I would love to stay because this rental is nearby work and accepts dogs. I would like to move on my own time, this will allow me the time to look for another place. The previous tenants received a letter from a lawyer and they moved out. I live with my 3 kids and dog, we don't have people over and don't have parties. What terms what be needed for the landlord to kick me out? At the moment I don't think she has any legal justification to evict me. Thank you!

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Unless a tenant is rent regulated or has the protection of a current lease, the landlord does not need to justify the reason he or she may seek to evict a tenant. However, the landlord must obtain a judgment of possession from court before evicting any tenant.

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