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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54848
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Can I be ut out my apartment if the building has been sold.

Customer Question

Can I be ut out my apartment if the building has been sold.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? In what state are you located? Are you within a lease term or are you a month to month tenant? Was the building simply sold to a third party or did it get sold in a foreclosure action? Thank you!

Customer: replied 1 year ago.
I live in Queens Village, New York. I am a month to month tenant. I believe it was just sold to another person. The new owner just came by with his friend The owner gave us, my husband and me, a paper from the older owners stating that the build was sold yesterday. Then the owner's friend sold us a letter (Notice to Quit?) stating that if we did not leave in 30 days they would start the proceeding to evict us.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Richard replied 1 year ago.

I will be happy to discuss this with you by phone. I will extend that opportunity to you now. You should receive it shortly.

Customer: replied 1 year ago.
I am not satisfied with the response given thus far. I do not need a phone call just please answer the question that I have asked in detail.
Expert:  Richard replied 1 year ago.

Good morning. I'm so sorry. The only reason I proposed a phone call was that on my screen it indicated that you had requested one. Specifically, my screen stated the following:

"(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed."

I will be more than happy to provide you a detailed answer.

When the tenancy is month to month, either the landlord or the tenant may terminate the tenancy by giving the other party written notice of at least 30 days. But, you can buy much more time than the 30 days. If you don't leave when the 30 days is up, the law does not allow the landlord to forcibly evict a tenant without obtaining an eviction order from a court. What that means is that if termination date comes and you don't move out, the landlord cannot simply change the locks or throw your things out. Rather, what the landlord has to do under NY law s to first deliver a 3-Day Notice to quit...which basically says you have 3 days to leave or face eviction. But, if you still haven't left, the landlord must then file a petition with the housing court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can the landlord have you evicted. That will buy you a good bit of time.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you the new owner had to provide a longer notice period, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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