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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35850
Experience:  16 years real estate, Realtor. Landlord 26 years
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We have a lease contract that terminates on November 30, 2013. Rent is always paid on tim

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We have a lease contract that terminates on November 30, 2013. Rent is always paid on time. Landlord wants to evict my father and has given us one week to move him out. We have not been served with eviction notice. The issue here is the landlord said the renewal contract is not valid since the landlord didn't sign it. We signed it but there is no landlord signature on the renewal. Don't we require at least 30 days notice if not 60 days? The landlord claims due to uncleanliness of apartment there is a health hazard which is untrue. A few flies and roaches but my dad is 88 years old and blind so our cleaner can't be there every day on top of him.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I need to ask a few questions before I can comment on his legal position...
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What city is this in?
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Where did the renewal contract come from?
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Did the landlord provide it?
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How long has father lived there?
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And father has received nothing in writing, correct?
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Thanks
Barrister
Customer: replied 3 years ago.


The city is New York, NY. (Midtown area). The landlord said because she didn't sign the renewal contract, it's not valid. However, the original contract was never signed by her either so I didn't know about that miss-step. The renewal contract came from the landlord to us. My father has been there for three months and we have received only an email or text message. The landlord was okay with the renewal and then decided to change her mind. I can't attach the lease here. She said we have to vacate on Sept 15th. that's only two weeks notice.

Ok, thank you for that additional information. When a landlord provides a contract to a tenant, then that is a unilateral offer to rent a dwelling. That means that in order for it to be a legally binding contract, all the tenant has to do is sign it. The landlord doesn't necessarily have to sign it for it to be legally binding.
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From a purely legal perspective, the landlord is out of luck. If the lease is for a set duration, like 6 months or a year, then she would be unable to terminate it and evict unless there was a lease violation that wasn't cured or the rent isn't paid.
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If this is a month to month lease contract, then the landlord would still have to provide at least one month's written notice before she could terminate.
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So basically the landlord is trying to bluff father into moving out. Unless he actually wants to, he can simply refuse and tell her that she is free to try to take him to Housing Court where they will explain that the renewal signed by him is completely legally binding.
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Thanks
Barrister
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