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Nate
Nate, Attorney
Category: Landlord-Tenant
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Experience:  Over 10 years of landlord tenant legal experience.
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landlord send a letter saying they have elected to terminate

Resolved Question:

landlord send a letter saying they have elected to terminate my lease after i told her i was staying. property is not rent controled or stabliized. I did tell her i was staying and signed a marked up version of the lease keeping the price flat (my mark-ups, not the landlords). She responded with an email requesting that i sign the original version of the lease and I didnt agree with the price increase due to a smoking problem on our floor that she had falled to address and requested that she tell me how she planned on addressing my complaint before i did anything further. she never responded and then i received the eviction letters in the mail. I call to address it with her directly and she said i will have to deal with her lawyers, possibily go to court or if i wanted to stay at least cover her legal fees. does she have any right to do this?
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Nate replied 10 months ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

When was your original lease up?
Customer: replied 10 months ago.


Lease was up end of Aug. She had agree to let me stay on a month to month basis (verbally, not in writing) as I was considering a move within the building. This is in NYC if that helps

Expert:  Nate replied 10 months ago.
As it is month to month, you're looking at a 30 day notice to terminate, regardless of what needs to be done to the building / unit. Any legal remedy you'd have would not extend that notice period.

She still must give you written thirty day notice to vacate. She cannot simply file an eviction without doing that. That could conceivably buy more time for you to find a new place if she is demanding a higher rent.
Customer: replied 10 months ago.

the termination notice did include 30day notice and when I received it I told her I would agree to the higher rent. Can they still evict me at the end of the notice and if allowed to stay can she hold me responsible for their legal fees?

Expert:  Nate replied 10 months ago.
If you received the 30 day notice and she has moved to evict, you would be liable for the attorney fees at this point.

In order to stay, you would need to get something from her in writing revoking the termination notice. At that point, you either stay month to month at the higher rent rate or sign a new lease.
Customer: replied 10 months ago.

Final questions. Can the 30day notice and move to evict come at the same point? After I received them i did sign the one year lease provide to me but have not received a countersigned verison. If I agree to pay the legal fees just to get them to revoke the termination can I then sue them to recoup those expenses as the moved to evict with out cause or prior notification

Expert:  Nate replied 10 months ago.
Yes, you can do that. They would have had to wait thirty days after the notice before serving an eviction on you. If they did it at the same time that is legally improper.

So, if you sign the new lease, pay the fees, you can then go back to court and sue for the return of those fees.
Nate, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10567
Experience: Over 10 years of landlord tenant legal experience.
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