This is something on which a landlord-tenant attorney could advise best, but your post remains open for four weeks. Part of the equation might rest in whether you are happy with them and would not want to lose them as a tenant. Good luck
My tenant got a order to show cause after receiving a eviction notice.Do I have to file a new Eviction notice if she was granted a extension and doesn't leave?Do I have to call the marshal to schedule a eviction or will it be automaticaly?or do I have to wait 14 days after she's scheduled to move... Read more »
The Marshal will not automatically reschedule an eviction. The landlord or his/her attorney must take the initiative. Whether you have to serve a new notice depends on the exact language of the court order disposing of the OSC
I’m renting a room in a private house, no lease agreement only verbal. Owner hasn’t told me but heard he sold house. What are my rights in this situation, I have no place to go and been paying my rent faithfully. Please I need help.
If a property is sold, the new owner essentially steps into the shoes of the previous owner and does not have more rights than the previous owner with respect to existing tenancies. In New York, a landlord must commence a case in Housing Court to obtain possession of a rental unit from a tenant....Read more »
Unless there was a case already pending, any effective legal steps the landlord could take towards evicting a tenant take much longer than two (2) days. Generally, tenants have an obligation to allow access to their apartments upon appropriate notice for the landlord to inspect and repair...Read more »
I live at the state of New York (long island), and have rented a house with several other tenants. Each one of us has its own lease contract. My lease contract specifies 24-hour notice for the landlord before entering the house! But my landlord kept entering the house without giving notice. Can she... Read more »
My ex-girlfriend is an “occupant” on my apartment lease (via a lease rider). She refuses to move out now that we have broken up. Can I give her a written notice period to get her to move out after a certain number of days? If not, is there another process to get her out of the apartment?
I just purchased a duplex (close in a few days) in upstate NY and the lady that lives there never signed a lease and has never paid the Seller (her brother) rent in the two years that she has lived there. She wants to stay, but I have another tenant lined up to move in once she vacates the... Read more »
Hello I’m Lucy. The kids next door are 18, 16 & 13 years old, lost there mom and there dad isn’t in the picture but there aunt that lives upstairs and also has 3 kids will soon have custody of them, Which is great but they can’t all live in one apartment and can’t afford a bigger place.... Read more »
I have a tenant who had a month to month lease. The tenant was here less than 6 months and was given a 30 day notice of non-renewal. She is still here passed the lease end date. How do I get her to leave?
If a tenant does not vacate at the end of his or her term, a landlord can commence a holdover proceeding to obtain a judgment of possession and schedule an eviction. The process can take a good amount of time so the sooner you get started the better.
Hello counsel. I’m renting a room for 13 months. Payments are always due on the 27th day of the month (the day that I moved in). On the 23rd of this month (11/23) I gave my landlady and roommate a 30 days notice. I did not pay the rent, thinking’s that I could use my deposit. She texted me... Read more »
I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... Read more »
From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the...Read more »
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...Read more »
You can consult with a personal injury attorney regarding the possibility of commencing a case for any personal injury to determine if you have a claim worth pursuing. As for the conditions in the apartment, you may commence a HP Proceeding in Housing Court against your landlord to obtain an order...Read more »
He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... Read more »
You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.
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