Can my landlord evict me if he sold the house?

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Can my landlord evict me if he sold the house?

I’ve been living in my apartment for almost 4 years. I didn’t sign a lease and when my landlord sold the house the upstairs neighbor and I both got eviction notices in the mail. They stated that we have to be out by the end of the month. He will not give our security deposits back. I have a 3 year-old and can’t move in 30 days. Is there a number I can call about the problem I am having?

Asked on May 2, 2011 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If there is no lease, then you are a month-to-month tenant. A month-to-month tenant may generally have his or her tenancy terminated on a month's notice--just as the tenant may move out on one month's notice--which would then lead to eviction.

2) If you don't move out voluntarily after the month, the landlord has to evict you through the courts (he can't just lock you out). That will typically take another 3 - 6 weeks, and you *may* be able to convince the court to give you a little extra time to move out.

3) Once your tenancy end, the landlord must give you back your deposit, less any amount lawfully withheld for damages or for unpaid rent.


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