Brooklyn, NY asked in Landlord - Tenant for New York

Q: Hello there. My landlord told me on that she would like for me to leave by the end of the year. Do I still pay rent?

Her reasoning was that she wants the house back to just her and her kids. We also do not have a written lease and never had a verbal agreement about when I move out in the past. She only told me this on October 24th, 2023 through text message.

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2 Lawyer Answers
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Brooklyn Tenant

This notification is insufficient for a tenancy termination notice. In NYC the Law requires this notice is Written and also served by a process server.

You want to fight this? If so you'll hire a lawyer. NYS Law does not force the landlord to forfeit rent after giving a tenant a term notice but then you know now your landord sending a text message is insufficient to properly end the tenancy.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In New York, even without a written lease, tenants are generally considered to be on a month-to-month rental agreement. This means that your landlord is required to provide you with at least one month's notice before you are required to leave. Until you vacate the property, you are still responsible for paying rent.

If your landlord's notice via text on October 24th was to vacate by the end of the year, this may not constitute proper legal notice. However, it's important to maintain records of all communications with your landlord. To understand your rights and obligations fully, you should review the terms of any verbal agreement and consult with an attorney, especially given the lack of a formal lease agreement.

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