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Extension on eviction

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Extension on eviction

Postby Ak125 » Fri Jul 18, 2014 6:50 pm

Hi everyone,

My problem started with our landlords which was corporation, selling the house. While the new owners were in the process of buying the house they asked us if we would stay because they were buying it as an income property. Well yesterday they signed the papers to take over the house and after they signed the papers they came to the house and said you have thirty days to be out we need this house for our kids to live in so they can go to the school here. I know that them just telling us that we have to leave in thirty days is not legal because there were no papers just them saying it. The people who live with me are my parents who are 60 and 62 and my dad has lung cancer and is going through chemo right now. My boyfriend and our four year old son live here too. We have a lot of furniture as well as toys and stuff because we had every intention of living here like we were told, so we made this house our home and filled it with stuff. It is very difficult to find norther apartment like this for around the price that we pay now. I know this is a long story but it does lead to a question. Is it possible for us to have an extension beyond thirty days given the circumstances surrounding this eviction?


Thank you for reading this
Ak125
 
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Re: Extension on eviction

Postby TenantNet » Fri Jul 18, 2014 9:14 pm

Please answer...

Is it a one-family house (one apartment). If not how many apartments?
What Borough is it in?
Is the new ownership a corporation? Check on that.
Do you have a lease? If so, how long until it expires? If so, who is on the lease, just you, your BF, any of your parents?

You said you received no papers. That's good. I would not say anything at the moment about that.
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Re: Extension on eviction

Postby Ak125 » Sun Jul 27, 2014 11:38 am

hi it is a two family house, it was owned by a corporation who sold it to a couple. the new owners are not a corporation. its in maspeth,queens. we do not have a lease it expired july 1st but we are paid until the end of the month. the other problem is that the new owners are for some reason assuming we will be out in 30 days without any official papers because they have not given us a place to send a rent check. and yes we were the only ones on the lease.
Ak125
 
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Joined: Fri Jul 18, 2014 6:39 pm

Re: Extension on eviction

Postby TenantNet » Sun Jul 27, 2014 2:04 pm

Here's my view. Without it being rent stabilized, then eventually they will get you out. However, if you are careful, you can get extra time (I've seen six months). So start planning and looking for a new place.

But in the meantime, look at the rules for month-to-month tenants, and see the Reference section of the forum http://tenant.net/phpBB3/viewtopic.php?f=15&t=5024 and read carefully.

If you stay over past the end of the lease, and the LL accepts rent, that makes you M2M. And in NYC, the LL must give you proper notice and served on you in the proper manner. This means service needs to be by personal or conspicuous place service, and usually that mean by a process served. It does need to be written and contain the elements of a notice.

In New York City, the landlord must serve the tenant with a written termination giving 30 days notice which must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings.

If the notice fails to mention the consequences of refusing to leave, then in my view the notice is not proper and I believe a judge should dismiss the case.

So you say the new owners have not done this? Good. Don't tell them. Let them assume what they did was right. When you haven't left on August 1, you don't have to do anything. If you don't mind going to court, you don't even have to tell them the notice was improper. Let them figure it out or hire a lawyer to tell them. If you run into them, just blow it away by saying "you weren't serious, were you?"

It is my view (although I am not certain about this) that if you get a proper notice on August 3rd, it can't be effective until October 1st. (the first rent payment date after 30 days...).

I would also continue to pay rent. If the LL accept rent at certain times, it can vitiate a holdover proceeding. So send them rent, either certified or with a Certificate of Mailing.

Now understand that going to court and getting a judgment against you could get you on the blacklist and impair your ability to find another apartment, or at lease those run by LLs who check the blacklist. This should not happen if there is no judgment against you (although that does happen occasionally).

Above all, I would at least get a consultation by a tenant attorney, and consider retaining an attorney to negotiate for additional time. You know your own situation best.
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Information from TenantNet is from experienced non-attorney tenant
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