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I spoke to an attorney about this today

Posted by bill on August 28, 2001 at 20:53:58:

In Reply to: Do I have a case? posted by Guen on August 28, 2001 at 13:51:07:

I have the very same issue. I have only been in the aprtment a month,have found several things I am unhappy with and want to(and am going to)move out at end of Sept. I met with an attorney today and he told me he had a similiar case 3 months ago. Which the tenant won.So..he is mailing LL a letter that she will receive at the first of Sept telling her I am out in 30 days and she already has my last month of rent. The judgment in the other case was as follows: A LL cannot pick and choose what part of a lease they want to enforce.Further in this situation,look at it from a reverse angle. With no signature on the Landlord's behalf (and witness)this amounts to nothing more than a month to month lease.The attorney told me that
under these stipulations a landlord can kick you out in 30 days(because the tenant has nothing in writing saying they have the place for a yr). It may have been an oversight not signing a lease, but this attorney feels that often a LL will do this to see how the tenant is and will then deliver a signed lease.Or tell them to get out.
I am also in upstate NY. Good luck!

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