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Help with situation - 30 day notice on month-to-month tenant

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Help with situation - 30 day notice on month-to-month tenant

Postby NYCTenant917 » Tue Jun 07, 2011 4:16 pm

Hi All. Background is: 4 bedroom apt. None of the tenants now were on original lease, which has been going in to month-to-month for the past 2-3 years.

Recently, we received a 30 day notice of termination. I understand that if at the end of the term of this notice, the LL can move into holdover eviction proceedings.

What will that process entail? Will I as the tenant have any grounds for argument to stay? Will I have to make concessions? Can I stay if I make those concessions? How long will the proceeding last?

Secondly, I've read conflicting answers regarding non-payment in a month to month tenancy. NYHawk stated that a LL cannot sue for payment when no tenancy has occurred. Can they sue for any other types of damages? What is their recourse if as a tenant I've "squatted" during the end of a month to month tenancy?

I'm trying to gain an understanding of what I can do, what I shouldn't do, and what I could potentially argue in a holdover proceeding to stay, if anything.

Thanks in advance.
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Postby TenantNet » Thu Jun 09, 2011 6:02 am

Is the unit stabilized? Do you know for certain? Are all four bedrooms occupied by different roommates? Did the original tenant leave or still in occupancy? Flesh all that out a bit more.

Has the rent been paid? That has nothing to do with a termination notice if they want you out. A termination is sort of like a holdover without cause. If not regulated, the LL can seek possession for no reason at all.
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Postby NYCTenant917 » Thu Jun 09, 2011 1:42 pm

No, the unit is not rent stabilized. The original tenants have all moved out, and we the new tenants subletted the apartment during the original tenant's last lease...so we've gone month to month since that lease expired well over a year ago, as no new lease was presented to the 4 tenants currently residing in the apartment. All four bedrooms are occupied by different tenants.

We have withheld our latest rent check upon receiving the notice of termination in order to determine what, if any, right we have to withhold payment...I assume this is not possible, but want to clarify based on several things I've read recently.

I understand the LL can seek possession, but is possession always granted in these cases? And if the termination notice dictates July 31 as a move-out date, what is a reasonable time frame to expect between then and an eviction date?
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