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Law Pro
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Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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I live in New York City in a unregulated apartment. The lease

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I live in New York City in a unregulated apartment. The lease is up 7/31. I want to stay another month but the landlord is not willing to extend on a month to month basis. Can I just stay and wait for them to evict me (which will take at least a month)? Will there be any penalty for doing this?

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Does your lease allow for the recovery of legal fees as part of damages, etc.?
Customer: replied 3 years ago.


I don't know - I don't have it in front of me and won't have access to it for a couple of days.

That's what would be the concern - yes, it would take about a month.

However, the attorney on the part of the owner/landlord can rack up some serious legal fees in this situation - maybe another $1k or more?? They have to draft and send the notices, draft and file the complaint, appear at the hearing - and what do they charge an hour?? I find that their hourly fees get high in these circumstances.


So, if another $1k or $1.5K in addition to the rent owed is acceptable and/or absolutely necessary given your facts and circumstances - then let them pursue eviction.


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Customer: replied 3 years ago.

So, to be clear, my maximum exposure is the legal fees to evict me and that is only if it is specifically called out in my lease?

The court costs too - but they are nominal ($50.00).

Otherwise, that is correct.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

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