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start looking for a place to live. after the 30 days are up, both you and your fathers belongings will be out on the street, and the locks will be changed. like it or not, that's how things work.
Um, NO.
This would be called an ILLEGAL EVICTION and the police would just force the owners to let them back in.
They would need to go to court and get a FORMAL eviction from the court like everyone all across the country has to do.
Unbelieveable. I swear it sucks to be landlord in NYC. Everyone thinks they are entitled to a roof over their head. Why won't you take your dad in till you find a new place?
Unbelieveable. I swear it sucks to be landlord in NYC. Everyone thinks they are entitled to a roof over their head. Why won't you take your dad in till you find a new place?
The OP lives with his/her dad.
I believe that the 76 year old dad can get a subsidized senior apartment for himself- if not in NYC, then upstate somewhere, maybe close by in Westchester. What about the offspring? If they both want to remain together and their combined income is too low to afford a decent NYC apartment, they may be eligible for a "Section 8" subsidy. But they will need more time to find a new apartment and to apply for section 8.
I would recommend that the OP send a certified letter to the new landlord telling them that they are actively searching for a new place to live but that they will need more than 30 days. A note slipped under the door is not a legal notice.
I will find out. I know she was doing us a favor by only selling the house with tenants in place and even denied a few offers because the buyers wanted to buy the house empty.
That does not protect your tenancy. It was only because she did not want to delay a sale by going through an eviction process, or telling you to move. Some investors will make it a condition to buy a house that is empty.
There are different rules for apartment buildings and multi-family homes. Less than six units, and the apartment is not regulated, at all, save for the eviction process which does take a few months in NYC. You cannot find a stabilized unit in a building with less than six units, for example, so the likelihood that the court is going to impose a tenant on an owner is not one that you should consider, at all, even if there was documented evidence as to the intent of the buyers to purchase with existing tenants. It is within their purview to change their minds on the day after the sale.
If your previous landlord had wanted to protect your rights, she would have issued a lease, and sold the house subject to that lease, which is legally enforceable, and has notices as to non-renewal required by both parties. That would have given you time to find a new apartment. However, that's not the case, and month-to-month tenants do not have the same protections as a legally enforceable lease. Issuing a lease would have made her house less attractive to a purchaser, however, since it would limit the market appeal, having to wait another year or two for a lease to expire, rather than with a month-to-month tenant that the previous owner did not want to be responsible for delivering the building completely vacant. That's the reason why she turned down the other offers, not to protect you, and there is no standing upon which you could make that claim.
I would also advise against eviction proceedings because you will find it immeasurably difficult to rent another apartment once your name is part of housing action. Tell the new owners that you are looking for a new place, and try to negotiate the move out date, but actively look every day until you find something else, not just wait another month and then look.
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All the world's a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages.
~William Shakespeare (As You Like It Act II, Scene VII)
is the eviction database that landlords use the same as doing a housing court search? or does the court report the judgment to the eviction database? i assume the housing court search is public record, whereas the eviction database is only available to landlords with a permissible purpose
Appreciate the advice from everyone, thanks. I am going to talk to the owner so we can work something out. Finding a good location at a decent price close to transportation is key (my father does not drive). Rent skyrockets near the 7 train... And to save enough money for a 1st month payment, security deposit and broker fee. This is when an emergency fund would have came handy...
So what is the process when the LL agrees on a certain amount of time to move out? I assume rent will not be collected as these funds will be necessary for the actual move out process...?
So what is the process when the LL agrees on a certain amount of time to move out? I assume rent will not be collected as these funds will be necessary for the actual move out process...?
If you don't pay the rent, the LL can usually get a quick eviction, so always pay your rent even if he is trying to evict you. If the LL refuses to accept the rent, then you have a grievance against the LL. Pay your rent by certified mail, return receipt requested. Do this as long as you occupy the apartment. Judges are usually very lenient when the tenant is elderly and needs assistance even in a market rate apartment. He or she will also take into account the length of tenancy. A judge can delay an eviction for months as long as you pay. You have a lot going for you so don't be intimidated by your new LL.
It is a difficult process, but be sure to let the landlords know what you are doing, and above all else, keep records! Document your searches, your appointments, etc. for the new apartment, including meetings with rental agents and/or management companies. Also, document communications with your landlord, sending a follow up email or letter to them, outlining your discussion about the time frame for a move, etc.
The landlord wants to settle this amicably, too, so do not assume that they will be confrontational. It can cost several thousand dollars to pursue an eviction, which neither of you wants. In some instances, the landlord will offer a buyout, but without a lease, I would think the chances of any sort of expense assistance from them to be a long-shot. In NYC, 30 days is the required notice to terminate the tenancy of a month-to-month tenant.
This is where the previous landlord danced a fine line that made you think that you had protection, but you did not, because she did not want the hassles, or encumbrance of a lease on the property. Since you lived there for so long, I would have given a decent tenant a lease, even if it made the property a bit less expensive, because then you would have had the ability to negotiate with the new owner, as to early termination of the lease, which would compensate you financially for the move. If you did not want to end the lease early, then you would have had time to begin to get together funds and find a new place, if the new owner indicated that they did not want a tenant past the lase term. I do hope that she at least gave you a reference letter, or contact information so that you could obtain a reference from her as your previous landlord, as the people who purchased the house are not going to know enough about you to be able to help tilt the approval in your favor as a good tenant.
I think my response earlier may have seemed short, but it was focusing on what you need to do now, not worrying about what was not done, but I find it unconscionable that the previous landlord did what she did, ethically, though it was perfectly legal to do so. As such, the law will be on their side in this matter, so it is best to come to an agreement and move forward, but also to discuss what may be available in terms of assistance with the process.
Perhaps you can come to an agreement with the landlord without an issue to vacate within 60 to 90 days, but whatever you do agree, get it in writing, signed by both parties, and mail yourself a copy that you do not open, and that you store in a safe place. The postmark serves as an official time/date stamp, such that if you needed to produce it in a housing court case, should the landlord not agree to your original discussion, it is an official record. You could also do the same with your documented search for new housing, as it would be a log of your proven activities and intentions, including records of meetings, etc. that you send to yourself on a weekly basis, with copies of the relevant ads, broker cards, etc. It may seem silly, but it's documented proof of your activities, especially when you have meetings and such. Include any broker agreements that you sign, to pay the commission, etc. The extra steps can come in handy as a record, but I sincerely hope that you never need them and can find a good place on the 7 very soon.
__________________
All the world's a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages.
~William Shakespeare (As You Like It Act II, Scene VII)
You have no rights to tenancy in a two-family house.
BUT since they accepted your rent presumably for October they cannot begin the 30 day notice this month so it sounds like you have until November 30 to find a new place.
If you want to stay longer, you COULD just stay on into December and have the landlord begin eviction proceedings which can take some time, especially since telling a judge that it is hard for a 76 year old to move quickly is an extreme hardship.
You might get an extension for a couple more months.
But the inevitable is that you two will eventually have to move.
Quote:
Is there anything we can do as far as getting more time? It seems one month
is not enough time.
I agree, in this market, one month is NOT enough time, and I am pretty sure that most judges would also agree.
Are you guys paying market rent...most non-controlled tenants are, so moving might not be financially murderous?
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