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Posted by TenantNet on July 16, 1997 at 12:04:18:

In Reply to: IS THERE SUCH A THING AS 2 WEEKS NOTICE? posted by Patty Lynch on July 16, 1997 at 11:28:12:

: A couple of days ago my landlord asked me to leave my apartment by
: July 31st. That is two weeks notice????? Is this possible.??? It seems
: his niece is moving here from Italy and wants to give her my apartment.
: What can I do?

Not so fast Mr. Landlord. Of course it depends on the laws in your locality
and the nature of your lease (if any) or agreement (if you can prove an
oral agreement). If you have a lease, that controls and chances are he
cannot get you out until the lease expires. If it has expired or you
never had one, than in most areas you would be a month-to-month tenant where
30 days is uaually the required notice. Also in most areas owners must take
you to court to get you out and not resort to changing locks. In NYC that's
a criminal offense and in other areas it may be a civil offense. So if you
stay beyond the 30 days, he would need to take you to court (which can take
-- depending where you are -- 2 weeks to 2 months), so you could buy some
time. If you are in NYC and rent stabilized, he is required to offer you
a renewal lease and only certain family members can qualify for "owner
occupancy" and that requires an application with DHCR. All in all, if you
aren't in NYC or protected, then he can probably get you out, but not that
fast. You might wish to negotiate with him if you wish to agree to a faster
moveout -- like he might forgive a few months rent in exchange for your
leaving quickly. If it's a real burden to you, then start looking, but I
don't think you'll be out in 14 days. Above all, I would check with a local
attorney to verify what I've said to see if it applies to your area.

Follow Ups:

• Re: IS THERE SUCH A THING AS 2 WEEKS NOTICE? Jeanie 7/16/97 (0)

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Comments:
: : A couple of days ago my landlord asked me to leave my apartment by 
: : July 31st.  That is two weeks notice?????  Is this possible.???  It seems
: : his niece is moving here from Italy and wants to give her my apartment.
: : What can I do?

: Not so fast Mr. Landlord. Of course it depends on the laws in your locality
: and the nature of your lease (if any) or agreement (if you can prove an
: oral agreement). If you have a lease, that controls and chances are he
: cannot get you out until the lease expires. If it has expired or you
: never had one, than in most areas you would be a month-to-month tenant where
: 30 days is uaually the required notice. Also in most areas owners must take 
: you to court to get you out and not resort to changing locks. In NYC that's
: a criminal offense and in other areas it may be a civil offense. So if you 
: stay beyond the 30 days, he would need to take you to court (which can take
: -- depending where you are -- 2 weeks to 2 months), so you could buy some
: time. If you are in NYC and rent stabilized, he is required to offer you
: a renewal lease and only certain family members can qualify for "owner 
: occupancy" and that requires an application with DHCR. All in all, if you
: aren't in NYC or protected, then he can probably get you out, but not that
: fast. You might wish to negotiate with him if you wish to agree to a faster
: moveout -- like he might forgive a few months rent in exchange for your
: leaving quickly. If it's a real burden to you, then start looking, but I
: don't think you'll be out in 14 days. Above all, I would check with a local
: attorney to verify what I've said to see if it applies to your area.


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