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Posted by Mark Smith on September 28, 1999 at 13:09:38:

In Reply to: Re: eviction/lease termination posted by Cathy on September 28, 1999 at 11:10:07:

If the lease expires on September 30th, the landlord could bring a holdover proceeding on October 1st, unless the lease says that the landlord must give you notice that the lease is about to expire. A 30-day written notice is required to terminate a month-to-month tenancy in New York City; a one-month verbal or written notice is required in the rest of the state.

A housing court judge can give you up to six months to move, but would probably give less. If you appeal the housing court decision, it could be expensive if you can't do it yourself, but it could give you six months to a year, which would run concurrently with any time that the housing court judge gave you to move.

: :
: :Owner does not have to give you a reason for terminating tenancy. He does have to follow the law and send you atleast a 30 day notice to terminate in writing. I would suggest that you start looking to secure another place and make sure you give a firm moveout date so that you can get your deposit back.
: ####################################
: : ** Brooklyn NY, no rent regulation, living in an owner-occupied, 3 unit brownstone.

: : On September 15, our landlords approached us, saying that they might not renew our lease. When pushed for a reason, they were indecisive and vague. The two factors they mentioned were that we "walk too loudly", and that they might want to have family come live in our apartment.

: : After no further information in the subsequent 11 days, last night i approached them for a definite decision. Our landlord was still not able to provide a firm moveout date, but was more clear that his family would take our apartment. He mentioned that they might give us a 2 or 3 month extension, but as of this moment the only thing we can absolutely count on is occupancy until the end of this month (Thursday).

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Comments:
: 
: If the lease expires on September 30th, the landlord could bring a holdover proceeding on October 1st, unless the lease says that the landlord must give you notice that the lease is about to expire.  A 30-day written notice is required to terminate a month-to-month tenancy in New York City; a one-month verbal or written notice is required in the rest of the state.   

: A housing court judge can give you up to six months to move, but would probably give less.  If you appeal the housing court decision, it could be expensive if you can't do it yourself, but it could give you six months to a year, which would run concurrently with any time that the housing court judge gave you to move.

: : :
: : :Owner does not have to give you a reason for terminating tenancy.  He does have to follow the law and send you atleast a 30 day notice to terminate in writing.  I would suggest that you start looking to secure another place and make sure you give a firm moveout date so that you can get your deposit back.
: : ####################################
: : : ** Brooklyn NY, no rent regulation, living in an owner-occupied, 3 unit brownstone.

: : : On September 15, our landlords approached us, saying that they might not renew our lease.  When pushed for a reason, they were indecisive and vague. The two factors they mentioned were that we "walk too loudly", and that they might want to have family come live in our apartment.

: : : After no further information in the subsequent 11 days, last night i approached them for a definite decision. Our landlord was still not able to provide a firm moveout date, but was more clear that his family would take our apartment. He mentioned that they might give us a 2 or 3 month extension, but as of this moment the only thing we can absolutely count on is occupancy until the end of this month (Thursday).


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