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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19287
Experience:  B.A.; M.B.A.; J.D.
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My aunt has a lease since 1963 in which the landlord gave

Customer Question

My aunt has a lease since 1963 in which the landlord gave her an open lease. She may pass on anytime soon, and I am her niece and would like to stay living in the Manhattan apartment. The landlord claim I can be there until while she is alive but, I cannot stay and put myself under the lease agreement. She has been there for almost 40 years.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: The state of NYC, Manhattan.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: On the landlords part yes, in 40yrs he just painted the house because he know my aunt is ill I had to put a complaint with the housing authorities
JA: Anything else you want the lawyer to know before I connect you?
Customer: because he never painted and does not giver her much heat.
Submitted: 7 months ago.
Category: Landlord-Tenant
Customer: replied 7 months ago.
Do I have a valid case and per sue this fight against the landlord? Can he evict me?
Customer: replied 7 months ago.
A new landlord is now in the building, the one that wants to evict me.
Expert:  Irwin Law replied 7 months ago.

There is no law that says the landlord must permit you to assume your aunt's lease for that apartment.

When she passes away, he will be free to lease it to someone else on new terms. Unfortunately, that means that

you can be evicted unless you can work out a new lease agreement with him.

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Customer: replied 7 months ago.
The attorneys response was not of an attorney that advised me accordingly to my defense but, the landlords defense. It's not that I don't want to hear his response, it's just I feel he didn't give me an answer of what I could do to my defense except accept a new lease agreement with the landlord, to which he already does not want to give. So, what lease agreement would I discuss with him? So, his answer was NOT acceptable. Surely, there must be something I can do when that is the apartment my entire family has known since I was a child. I mean, we were there before the new landlord arrived. He left me in the same place I was prior to asking the question. I rate him a #1
Expert:  Phillips Esq. replied 7 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be further assisting you with your post.

Could you explain a little more?

Is this a rent controlled/stabilized housing?

Thank you for your cooperation.

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