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Old 09-07-2016, 08:45 AM
 
738 posts, read 585,574 times
Reputation: 631

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Quote:
Originally Posted by mathjak107 View Post
this is why we sold our real estate off and do not want to be landlords anymore . to much crap dealing with tenants and regulations . we want nothing to do with tenants during our retirement if we can help it .
Can't see as I blame you.
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Old 09-07-2016, 05:13 PM
 
3 posts, read 2,497 times
Reputation: 10
So, what I feared might happened has happened.


The new landlord wants me out immed - instead of having 60 days - until the end of Oct, I must get out by the middle of next week. I have looked at a few places, but nothing that is worth the money. I am sure I could find something suitable if I had more time, but....


The new landlord wants me to sign a release - basically saying that I agree to move immed. I have not signed anything - I am thinking I might force him to start eviction proceedings to give myself some more time, but what if he has the electric and water shut off?


Not sure what to do here...
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Old 09-07-2016, 08:03 PM
 
6,680 posts, read 8,237,363 times
Reputation: 4871
Quote:
Originally Posted by seanm1960 View Post
So, what I feared might happened has happened.


The new landlord wants me out immed - instead of having 60 days - until the end of Oct, I must get out by the middle of next week. I have looked at a few places, but nothing that is worth the money. I am sure I could find something suitable if I had more time, but....


The new landlord wants me to sign a release - basically saying that I agree to move immed. I have not signed anything - I am thinking I might force him to start eviction proceedings to give myself some more time, but what if he has the electric and water shut off?


Not sure what to do here...
He can't do that. AT the very least you must have 30 day notice. I'd tell the new landlord, I'm sorry I was told 60 days, I need those 60 days. If you want me out you will have to take me to court and that will end up being much longer than 60 days so I think its in your best interest to go by the promised 60 days. If I end up being able to be out sooner, I will let you know.
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Old 09-07-2016, 08:39 PM
 
12,340 posts, read 26,135,160 times
Reputation: 10351
Quote:
Originally Posted by seanm1960 View Post
So, what I feared might happened has happened.


The new landlord wants me out immed - instead of having 60 days - until the end of Oct, I must get out by the middle of next week. I have looked at a few places, but nothing that is worth the money. I am sure I could find something suitable if I had more time, but....


The new landlord wants me to sign a release - basically saying that I agree to move immed. I have not signed anything - I am thinking I might force him to start eviction proceedings to give myself some more time, but what if he has the electric and water shut off?


Not sure what to do here...
First, you should definitely try to talk to a tenant's rights place like this on the phone. The next available hours are on Friday. Free Tenants' Rights Telephone Hotline | Metropolitan Council on Housing

Second, the LL must give you 30 days notice. It's the law. New York Notice Requirements to Terminate a Month-to-Month Tenancy | Nolo.com

Third, if he has electric and water shut off, this is illegal.

You could start reading about tenants' rights here: Tenants' Bill of Rights | Metropolitan Council on Housing
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Old 09-08-2016, 07:06 AM
 
31,910 posts, read 26,979,379 times
Reputation: 24815
Quote:
Originally Posted by seanm1960 View Post
So, what I feared might happened has happened.


The new landlord wants me out immed - instead of having 60 days - until the end of Oct, I must get out by the middle of next week. I have looked at a few places, but nothing that is worth the money. I am sure I could find something suitable if I had more time, but....


The new landlord wants me to sign a release - basically saying that I agree to move immed. I have not signed anything - I am thinking I might force him to start eviction proceedings to give myself some more time, but what if he has the electric and water shut off?


Not sure what to do here...

See an attorney. If you cannot afford one go to your local Housing Court and find one of the free legal advice/tenant representatives. This and or look on the Internet for information as to finding such services in your area.


Do *NOT* sign anything unless you fully understand what the document states.


Landlords both in market rate or rent control apartments cannot legally evict anyone; that is only done via the courts and the marshal.


New owner is playing hard ball trying to intimidate you, don't let that happen.
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Old 09-08-2016, 07:08 AM
 
Location: Bergen County, NJ
9,847 posts, read 25,246,876 times
Reputation: 3629
Quote:
Originally Posted by seanm1960 View Post
Hi. Currently renting an apt with no lease. Landlord told me I need to move in two months. Understandably, with no lease, the landlord is not legally bound to letting a tenant stay; if the landlord says move, you have to move.


However, I am a senior citizen, and was wondering if the law offers me any protection in terms of time, in case I can not find another place by the deadline. Of course the law would not allow me to stay indefinitely, but do I have the ability to say, "I am a senior citizen, I need more time" and be afforded more time?


Thank you in advance.


-Sean
My guess would be that if you took this to court you would probably win. At very least you would get some kind of money from landlord to facilitate moving somewhere else. Don't know if you care enough or have energy to fight it though.
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Old 09-08-2016, 07:57 AM
 
31,910 posts, read 26,979,379 times
Reputation: 24815
Quote:
Originally Posted by seanm1960 View Post
So, what I feared might happened has happened.


The new landlord wants me out immed - instead of having 60 days - until the end of Oct, I must get out by the middle of next week. I have looked at a few places, but nothing that is worth the money. I am sure I could find something suitable if I had more time, but....


The new landlord wants me to sign a release - basically saying that I agree to move immed. I have not signed anything - I am thinking I might force him to start eviction proceedings to give myself some more time, but what if he has the electric and water shut off?


Not sure what to do here...

Sign nothing!


Your LL must serve you with a thirty day written notice.


See:


"If your landlord opts to evict, he'll have to service you with a 30-day termination notice, which will need to end your tenancy on a date that falls at the end of a typical rental period, e.g. the 15th or the 30th of the month. Once they serve notice, it's likely they'll take you to court on what's known as a "holdover," a specific type of eviction lawsuit. In these types of cases, the court has the power to give you up to six months to find a new place. The amount of time you get is usually determined by need, based on factors like income, family size, and if you're elderly or disabled. If you and your landlord can't agree on what you'll pay in between now and when you move out, the court can also set what it believes to be a fair market rent for your apartment."


Ask Sam: I've been renting for 19 years with no lease, and the landlord wants to evict me. What are my rights?


If you do not vacate by then the LL must go to housing court and bring a "hold over" proceeding. If and or when things come to that a judge can (and often will given your age) allow for a period of time for you to find a new place.


In the meantime pay your rent by check as always and on time. If LL refuses/sends the checks back, keep the checks and anything written in response.


Furthermore your LL cannot evict you by either constructive (turning off water and other services) or physically removing your and or your belongings. Again only a court order and a city marshal can evict *ANYONE* regardless of their having a lease or not. General Eviction Information for New York


Am not an attorney (and again strongly advise you seek competent professional advice), but until your LL serves you with a written 30 day notice that is when the clock starts. Just orally telling you to hit the bricks does not count. You may be able to threaten him with harrasement if they continue in this manner.
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Old 09-08-2016, 08:05 AM
 
Location: Manhattan
25,368 posts, read 37,078,660 times
Reputation: 12769
Quote:
but what if he has the electric and water shut off?

Just HOPE he does this and sue his ass off for a "self help eviction."


Yes, just stay put and let a judge extend your stay.
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Old 09-08-2016, 08:11 AM
 
31,910 posts, read 26,979,379 times
Reputation: 24815
By the sound of the OP's original post the building may be either a two or three family home, or a brownstone/townhouse that was converted into apartments.


In either case over the past decade or so there has been an increase in places being sold and new owners wishing to convert the home back into a private residence. Read a heartbreaking story about an 80 year old single Italian male who had lived in a south Brooklyn row house most of his life. He spent his career working down on the Brooklyn waterfront, never married, no children...


Anyway a yuppie couple purchased the town house and wanted the older gentleman out so they could convert the place back into a private home. I mean the guy was 80 something years old but they stuck to their guns and said while willing to "help" the tenant find a new place, he would have to go.


Since the place was not RS or RC and the tenant like the OP (no lease) there was little anyone could do besides apply public pressure (the story got picked up by the NYT).


In contrast as noted elsewhere in this tread know of an elderly couple living in an UWS townhouse that have refused all offers or whatever to move. The place was sold and new owner wanted to convert....., but in this instance the apartment was RS and thus there wasn't a thing that could be done because of the couple's age.
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