Posted by Mark Smith on March 08, 2000 at 10:13:31:
In Reply to: Eviction Question Please Help posted by Evelyn on March 06, 2000 at 17:26:40:
Outside New York City, the landlord has to give one month's notice to terminate a month-to-month tenancy. The notice doesn't have to be in writing and the landlord doesn't need a reason. However, the notice must coincide with your rental period. If you pay your rent on a calendar month basis, a notice given on March 5th could terminate your tenancy as of April 30th. But because the notice wasn't in writing, there could be a dispute about when the notice was given.
The landlady could bring a holdover proceeding the day after the effective date of the termination. The court papers will give you the date of your court appearance. You might be able to get an adjournment of that first court date. If you lose the case, it would be up to the judge to decide how long to stay the issuance and execution of the warrant of eviction.
Check the New York tenant information pages on TenantNet's home page for much more information.
It is generally unwise to spend money (brokerage fees, moving costs, installation and related costs for gas, electricity, telephone, cable TV, cable or DSL internet service, etc.) to move into a place and not have a written lease for at least one year, and probably with a right to renew.
: I moved in to my apt 11/99 with my son. We have no lease. I live in New York, Orange County. The man downstairs called the landlady about 1 month after we moved in and said the music was too loud and other things.. that were not true. The landlady told me that IF this man complains one more time that we have to move. All was going well until last night...he must have called her.. she called me and told me I have to move and that I have till April 6th. I need to know how long we have..How long does it take before we will be served with an eviction notice? and after that how long before we would have to move?? And is this allowed? I spent all my money getting this apartment and do not have money to move I would need alot of time.. Please tell me how long I wi
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