Huntington Station, NY asked in Landlord - Tenant for New York

Q: I receive a 30-day notice to leave premises because the leasing office said there is footage showing someone in my backy

I receive a 30-day notice to leave premises because the leasing office said there is footage showing someone in my backyard smokes. I don’t smoke nor does anyone on my lease smokes. When I asked to have this fixed the leasing office said the lawyer will call me no call

Related Topics:
2 Lawyer Answers
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: If you've received a 30-day notice to vacate based on allegations that are inaccurate, it's important to address this with your leasing office formally. Request the purported evidence of smoking and any incident reports in writing. If they are unresponsive, consider sending a certified letter to document your request and the inaccuracy of the claim. If a lawyer is involved, you have the right to speak with them; if they do not reach out as promised, attempt to contact them directly.

If the situation isn't resolved through communication with the leasing office or their lawyer, you may need to seek legal advice. An attorney can assist you in disputing the eviction notice and may be able to represent you in housing court if necessary. Keep all correspondence with your leasing office for your records. Remember that tenants have rights, and the eviction process must be carried out lawfully; you may be able to challenge an improper notice or unsubstantiated claims against you.

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

A: Dear Huntington Station Tenant:

There is no thirty-day tenancy termination notice in New York State for a month-to-month tenant other than in NYC. A landlord in all parts of New York State cannot end a tenancy without a lease except by the procedure provided in NY State Real Property Law [].

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.