Being kicked out

[sareel]

Hi there. I am new to this board and was wondering if anyone may have any advice or is able to help me figure this out.

Presently I (myself, my husband, our 8 month old and 21 month old) rent 1/2 duplex and my mother rents the other half. The landlord put the place up for sale with no notice and the house sold the next day after being put on the market. He recently told us that we have until the 27th to be out of the house.

Our lease was signed as a month to month (1st to 1st). We paid April in full and then were waiting to hear how much to pay for May. We then found out he was waiting for the whole amount even though we aren't allowed to be in the house the whole month of May!

My question is...legally doesn't he have to give us the full month for our 30 days? And what can I do to take any recourse? I am having a hell of a time finding a place that is safe and afordable for my family. And being given less than the month makes it even more difficult since rentals tend to open up on the 1st of the month.

Any help is appreciated!!!
Thanks in advance,
Sarah

[Aubergine]

From the Attorney General's Tenant's Rights Guide:

MONTH-TO-MONTH TENANTS

Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. (Real Property Law § 232-b)

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

RPL § 232-b:

"§ 232-b. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York.

"A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate . . . ."

The timing of events is a little unclear in your question. On what day did the LL notify you that he was terminating your tenancy? If it was after April 30, then the earliest he could require you to move out would be by the end of June.

Do you know why the LL chose the 27th? Is there a closing date set? If the sale of the property closes while you're still there, you become the tenant of the new owner on the same terms, but the termination notice is still effective.

[Downtown]

Verbal = 0. You posted the LL told you. If you have not received a WRITTEN notice. then I would pretend that you did not receive. Send in May's rent.
Worth a shot...as LL would still have to start a holdover proceedure. You claim improper service. Very least will give you more time to find a place...as you will have to move.

[Aubergine]

Originally posted by Downtown:
Verbal = 0.

Not so. Outside of the city of New York, a notice of termination of a month-to-month tenancy may be given either orally or in writing. RPL § 232-b applies outside of NYC, not RPL § 232-a, which requires a written notice served in a particular way. So there would be no legal basis for a claim of "improper service" of a notice of termination of a month-to-month tenancy in a holdover proceeding in upstate NY.

(Many posters here maybe only be familiar with laws applying to NYC. Keep this in mind if you're receiving information. For those offering information to someone from another area, make sure that the information is applicable to the place in question.)

So pretending you didn't receive any notice because you got it orally rather than in writing would be very unwise.

Nonetheless, a notice of termination of a month-to-month tenancy must state a termination date that coincides with the expiration/renewal date (i.e., the end/beginning of the month). The LL is not permitted to give a notice terminating the tenancy in the middle of the month. A notice that purports to do so should not be an adequate basis for an eviction proceeding.

If your family is facing an eviction proceeding and you have a low income and few assets, you may be able to get free legal services from the Legal Aid Society of Mid-New York office in Binghamton, (718) 723-7966.

<small>[ May 10, 2005, 12:30 AM: Message edited by: aubergine ]</small>