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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have resided in my apartment for 13 years, as of June 2000.

Resolved Question:

I have resided in my apartment for 13 years, as of June 2000. My landlord notified me via text message on June 25, 2013, that I must vacate by Sept. 1, due to remodeling which is too extensive to accomplish while I still live here. Citing that "legally" he only need give me 30 days, since me original lease long expired making my status month to month, but was "graciously" giving me 60. On July 10 he asked for the rent for July or he will use my security deposit for one of the 30 days he gave me. He offered me no alternative living conditions while repairs take place, and stated that I can move back in 2 months afterwards at a much higher price if I want. No legal eviction notice has been filed as of yet. Should I accept these conditions or wait and have him evict me after Sept. 1?
Submitted: 12 months ago.
Category: Legal
Expert:  Ely replied 12 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me what state this is in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 12 months ago.

New York

Expert:  Ely replied 12 months ago.
Richard,

Thank you for your reply. On this website, I do not always get to give good news, and I am afraid that this is one of these times. Allow me to explain.

1) When the original lease expires in a residential contract, the term is automatically month to month;

2) I am guessing your contract has run out long ago. Since then, you have been living informally month to month.

3) As such, the landlord only has to give you 30 days notice before cancelling the lease. It does not matter what the reason is - they do not need one. They - just like you - can terminate the lease at 30 days notice.

4) He offered me no alternative living conditions while repairs take place

He does not have to. He is giving you a 30 days (more) notice about terminating the lease. Honestly, you really cannot contest it.

5) ...and stated that I can move back in 2 months afterwards at a much higher price if I want.

Right, he would be essentially re-leasing it to you, but now at a different rate.

6) Should I accept these conditions or wait and have him evict me after Sept. 1?

I cannot tell you what to do, but I can say that if you state, the landlord can evict you if you disregard the notice, and an eviction goes on one's credit record and may make renting an apartment later on more difficult.

I am sorry. I wish I had better news. Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 12 months ago.

How much longer can I stay at my present location once the eviction process has begun?

Expert:  Ely replied 12 months ago.
Richard,

Let us say that you overstay on purpose. The landlord would then need to give you a notice to quit, normally 5-10 days.

If you do not respond in that time, then the landlord has to file the eviction. It takes about 2 weeks to get a hearing.

If the eviction is granted, then you cannot simply be locked out by them. They have to get a Writ and have the Sheriff come and force you out. But this can take a few more days, if not weeks.

Ergo:
Notice: 5-10 days
Eviction: 2 weeks
Writ: 5 days to 2 weeks or so.

So almost 1.5 months should you force the issue.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 12 months ago.

Will I lose my security deposit if I leave in the time allotted? He initially offered my 60 days, but later said my security would be used for one of those months.

Expert:  Ely replied 12 months ago.
Richard,

Will I lose my security deposit if I leave in the time allotted?

No. If you leave within the time allotted, you should not lose your security deposit, although keep in mind the deposit may be used against any damage minus natural wear and tear of the property, as well.

He initially offered my 60 days, but later said my security would be used for one of those months.

Assuming you and he can come to a written agreement (it is important so he cannot backtrack out of it), then this is completely fine. If you do, and the security deposit is used for the last month, then you have those 60 days, arguably.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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