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Posted by DK on September 18, 1999 at 02:42:01:

In Reply to: eviction posted by linda marie on September 16, 1999 at 16:01:22:

: i just moved in apt. 7|1|99.myself and roommate.we are being told it is because landlord wants a member of their family to live in apt. landlord lives upstairs.landlord is very nosy, looking in our windows and run to hallway when we get company. also,asking several neighbors questions aboutus. and asking our company who they are. my questoin is,how long should eviction notice be for and could we turn around and sue landlord if it is untrue about family members moving in? we don"t have a lease and pay rent monthly.thank you.

New York's law which protects tenants from retaliatory eviction (Real Property Law § 223-b) does not apply to owner-occupied buildings with less than four units.
So it looks like the landlord can evict you for any reason at all if you only have a month-to-month lease.

The landlord has to give you 30 days notice.
If you go to court, the judge will usually give you some time to find another place. On the other hand, in some communities outside New York City, it is customary for the landlord to lock out the tenants if they have not moved out after the expiration of the 30-day notice. So you should check with someone who has local experience in your community to find out what to expect.

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Comments:
: : i just moved in apt. 7|1|99.myself and roommate.we are being told it is because landlord wants a member of their family to live in apt. landlord lives upstairs.landlord is very nosy, looking in our windows and run to hallway when we get company. also,asking several neighbors questions aboutus. and asking our company who they are. my questoin is,how long should eviction notice be for and could we turn around and sue landlord if it is untrue about family members moving in? we don"t have a lease and pay rent monthly.thank you. 

: New York's law which protects tenants from retaliatory eviction (Real Property Law § 223-b) does not apply to owner-occupied buildings with less than four units.
: So it looks like the landlord can evict you for any reason at all if you only have a month-to-month lease.

: The landlord has to give you 30 days notice. 
: If you go to court, the judge will usually give you some time to find another place. On the other hand, in some communities outside New York City, it is customary for the landlord to lock out the tenants if they have not moved out after the expiration of the 30-day notice. So you should check with someone who has local experience in your community to find out what to expect.


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