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Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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I received a notice of termination of my lease, and landlord

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I received a notice of termination of my lease, and landlord is asking for me to move out of the apartment by Oct 1. The reasons Landlord is using to claim this action are that I have rented or sublet my apt during the time I was on vacation. I did not rent nor sublet my place. All I did is put the apartment online to see if it's possible to rent. I talked to landlord attorneys last week after I received the letter to cure and they said they will make me sign a probationary letter in court, but now I received a notice of termination. What do I do? Thank you
Hello and thank you for the question. I am sorry to read of this dilemma. You do not need to vacate. You can respond in writing that you are not in violation. If landlord persists to file an action in court, and often landlord will not do so since courts usually will not evict in these situations, you would file an answer denying the claims. The court would schedule a court date and you would both present your sides with evidence. Typically, the court will not evict even if you had sublet, and here you didnt do that. If you prefer, you can also have a lawyer handle it and I can recommend a pair good directories. Let me know.
Customer: replied 4 years ago.

Thank you for the quick response. I did send a letter to the landlord, who directed my correspondence to their attorneys. I also send a letter to the attorney. I even spoke to him, who told me I will receive three letters and a date to go to court. I asked him if we can avoid to go to court, and he said no. We must go to court, and there I would need to sign some sort of a probationary letter that would say I will not do what I did . Which I didn't sublet my place. So it's kind of a dilemma here, which I don't know what do exactly do. Attorneys in NYC for situations like these can get costly. Can I handle this on my own? What do I need to do to be prepared? thanks again.

I am in NYC and you do not need a lawyer. Having a lawyer is helpful but not mandatory. To come to court if it comes to it, may cost around $500. To be prepared, retain a copy of the correspondence and be sure to appear on any scheduled court dates. That is all you need. The court wont evict where there is no breach of lease. NY courts are very tenant friendly. Good luck. Kindly click on a positive rating for the answer.
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