Posted by Lilly on November 15, 2001 at 21:20:40:
In Reply to: oral contract questions... posted by ellyr on November 15, 2001 at 20:02:30:
First off, she doesn't HAVE TO to be out of her apt tonight. She is SUPPOSED TO to be out, but obviously she's not going to be out.
AS for the apt she's supposedly moving into: She doesn't have any rights to that apt, yet. The new landlady is under no obligation to rent it to her or to guarantee her a certain move-in date. She has nothing in writing and at least in NY the statute of frauds holds that any contract for the sale or lease of real estate (lease for a term of 1 year or longer) must be in writing in order to be enforceable. Something in writing. Get a lease from the new LL.
As for your current place, your current LL can do nothing to you for at least 30 days. LL cannot lock you out or put your stuff out on the street, or anything that prevents you from being in your current apt.
LL will have to take you to court to evict you.
Tomorrow first thing go see the new landlady and sign a lease with her. Don't get all upset because the apt isn't ready. Be real nice and try to get her to give you a lease or at least something in writing that you can live in that apt from November/ December ?? till___?.
See the fron page here at tenant.neet down towards the bottom where is says "Illegal Evictions and Police Procedures" regarding your current apt.
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