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New LL wants apt. Legally, how long to move?

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New LL wants apt. Legally, how long to move?

Postby savingcats » Fri Oct 08, 2004 7:24 pm

Our 3 apt building in lower upstate NY has been sold to a NYC landlord (3 1/2 hours away). We have lived here for 8 years and have our apartment painted in gorgeous Victorian colors. We received a "notarized" letter from the current dead-beat LL (also from NYC...and hasn't paid insurance, mortgage or utilities bills in about 4 months. I paid his outrageous gas bill last month so that 3 apartments could have hot water and cooking gas again plus paid his electric bill the month before when NYSEG showed up to turn the electric off), saying that the building has been sold and the new LL wants to move into our apartment. It gives us 30 days to move. This is not a legal form, just a type written letter. Keeping in mind that the building sale has not been closed on, do we really only have 30 days? Or are there other procedures they need to go through? After spending my entire savings to pay the old LL's bills, plus we had to buy our own refrigerator and stove over the past several months when the very old ones finally gave out because he ignored our messages for new ones, we have NO money behind us to move with and, after 8 years here, moving won't be easy. Any advise on whether we legally only have 30 days or how we can get that extended would be tremendously appreciated. Signed, Devasted at having to leave our HOME. :(
savingcats
 
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Re: New LL wants apt. Legally, how long to move?

Postby BronxRenter » Sat Oct 09, 2004 1:54 am

Originally posted by savingcats:
Our 3 apt building in lower upstate NY has been sold to a NYC landlord (3 1/2 hours away). We have lived here for 8 years and have our apartment painted in gorgeous Victorian colors. We received a "notarized" letter from the current dead-beat LL (also from NYC...and hasn't paid insurance, mortgage or utilities bills in about 4 months. I paid his outrageous gas bill last month so that 3 apartments could have hot water and cooking gas again plus paid his electric bill the month before when NYSEG showed up to turn the electric off), saying that the building has been sold and the new LL wants to move into our apartment. It gives us 30 days to move. This is not a legal form, just a type written letter. Keeping in mind that the building sale has not been closed on, do we really only have 30 days? Or are there other procedures they need to go through? After spending my entire savings to pay the old LL's bills, plus we had to buy our own refrigerator and stove over the past several months when the very old ones finally gave out because he ignored our messages for new ones, we have NO money behind us to move with and, after 8 years here, moving won't be easy. Any advise on whether we legally only have 30 days or how we can get that extended would be tremendously appreciated. Signed, Devasted at having to leave our HOME. :(
The LL cannot evict you, only a judge can. For a LL to win an eviction he must serve you properly, which he did not. Try to find yourself some cheap or free legal assistance in your area.

Remember only a judge can evict you, if the new landlord pulls any shit like trying to lock you out, call the police on him and have him take a collar. You should carry a lease, your drivers license or some mail in your car to prove to the police that you live there.

You should also find out if your apartment is protected by the ETPA, your legal advisor may be able to help you. If it is than you have a lot more rights, basically the LL cannot evict you without a very good reason like non payment of rent etc.

Right now you should invest 79 cents on a marble notebook, and log everything that happens regarding your LL. That goes a long in front of a judge. You may also have some habitability complaints.
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Re: New LL wants apt. Legally, how long to move?

Postby Downtown » Sun Oct 10, 2004 11:30 am

Didn't post wether or not have been paying rent.
I raise this as you are entitled to be paid back for the monies for utilities. Quickly file in small claims court. LL is about to get money for sale and you want to get some of this before he dissapears.
You could also check in with your local politician's office, who often have a housing aide.
If you have a signed lease then nothing can change (don't know if personal use is valid). If not and you are MTM...new LL would have to serve you with 1 month notice to vacate (before rent due date). After that would have to start holdover eviction proceedings.
Agree that you should see if any valid reason why could stay. Letter from new LL is not valid, except as a warning of his intentions.
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