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Re: no notive to vacate and no lease renewal

Posted by Israel on November 05, 1998 at 21:50:36:

In Reply to: no notive to vacate and no lease renewal posted by Kristine Slaughter on November 05, 1998 at 13:03:37:

Good for this situation too.

For any eviction to happen you must be given proper notice. Right now you are considered a month to month tenant, if you live in a building of less than six family. Find the original lease and get all your rent receipts. Wait for an eviction notice from Housing court and remember that only a housing court Judge can order you out of an apartment. You may receive personal letters from the landlord or their lawyer ordering you to move... Don't be afraid, You must receive a Housing court document called a Hold Over Petition, so that you can schedule a court date and have the Judge hear you side of the story. You may be offered money or time to move out outside of court chambers. DON'T sign anything their lawyer asks you to sign. Even if it is too good to be true, it never is. See the Judge and with both sides of the story the Judge will negotiate with you how much time you need to find a new place and move. Plus you can also extend that time with an Order to Show Cause which is explained in this site. But my best advice of them all is Never go to Housing Court alone. Either go with an Attorney or with a friend. Lawyers can be very intimidating and persuasive.

At this time get the Tenant Rights handbook from this site. Claim any repairs now, because they may keep your deposit and claim damages later. Call HPD if the violations are not taken care of fast enough and don't promise anything they can later use against you.

Good Luck.

: My landlord called me on 11/4 and verbally informed me that I must vacate my apartment by 11/30. The lease states that he must contact me about matters like this via certified mail. So there's one violation.
: Secondly, the lease expired on 4/30/98 (2 months before I moved in) and a new lease was never signed by the landlords and my two roommates. Are we living there illegally? Do we have any rights?

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