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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35374
Experience:  Attorney over 16 years, landlord 26 years
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I have been subletting a rent controlled apartment in NYC

Customer Question

I have been subletting a rent controlled apartment in NYC for more than 15 years from a "tenant" who has a lease with the landlord. Recently, the "tenant" received a legal letter from the landlord claiming that the lease is being voided because the "tenant" has violated the lease by subletting the apartment to me. As a result of this action, I was told to leave the apartment by the "tenant" in about 2 months of time.
My question is, will I be able to get more time in searching for a new apartment? Or in other words, what right do I have in terms of staying in the apartment?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you under a fixed term written lease or are you month to month?

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thanks

Barrister

Customer: replied 8 months ago.
There is no written lease between me and the "tenant", only verbal.
Expert:  barristerinky replied 8 months ago.

Ok, then unfortunately, you are considered a month to month tenant and under NY law, the primary tenant, who is your landlord, only has to give you a written one month notice to terminate your tenancy. He would then have to file a formal eviction action in court in order to get a judgment and writ that the marshall or constable would execute to physically remove you from the property.

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That would typically take about 3 more weeks after the written notice expires.

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So if he has given you 2 months written notice, then that would comply with the law regarding terminating your tenancy.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 8 months ago.
far, I have only received a verbal notice from the primary tenant.
Does it mean that I don't have to leave until a written notice is received.
Expert:  barristerinky replied 8 months ago.

Correct. Verbal means nothing legally. So the clock doesn't start running until you receive at least a one month written notice.

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But I wouldn't mention that to the prime tenant to tip them off though..

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thanks

Barrister